






















%, & 



". <5c 



&> .^ 



k\ %<** .*! 



<% 



V 



^^ 






■■■■■ . <■ - c 



% „* 

"^ 



^ *v ^ 



0^ s 






Of" O. y - . -4 <XV" 







^S .* 
• / * 

<* 













'»L* %> cPV 




^0* 







S a. 






V 











* x "* A^ 

c , ^p^ - 



cS ^ 

,# *« 



( 












Qi'o „\ * 4 \^ 


















V «- "* * ° / ^ 




,vv ..v 


























%.^ 









'% 



v A^» 
V 



^ °- 



* »1 
O- y - O.V 






'^ 



1 \^> 



o^ ' 






0^ . t . , °, 






^ 



V 







>.% 



V 






'<! 



--'jf 



.^ (P\ ■% 









J? 



,4 o. 






^0« 



rt> %> 



lN 



«*Q* 






% 









9>, ^ 



<3 •?> 






^°^ ^ M 



A CL 



^0« 









V ,.' * * ° /■ . •% 






% 6^ 






Q,. '••x- & 



$ * 



* 



^°- 









& ^ % 



C ( 






•> 1*0 ,. 
















V v . ^ * 



^Q*. y o,, 



s r.v- 






": %<? 



<$ ^ 

> ^ 






r<£ 






CIVIL AND POLITICAL 



HISTORY OF NEW JERSEY: 



EMBRACING A COMPENDIOUS HISTORY OF THE STATE, 

FROM ITS EARLY DISCOVERY AND SETTLEMENT 

BY EUROPEANS, BROUGHT DOWN TO 

THE PRESENT TIME. 



BY ISAAC S. MULFORD, M. D. 



PHILADELPHIA: 

C. A. BROWN & CO, 

NORTHWEST CORNER OF FOURTH AND ARCH STREETS. 

1851. 



Entered, according to an Act of Congress, in the year 1848, 

BY P. KEEN & E. CHANDLER, 

In the Clerk's Office of the District Court for the Eastern District of 

Pennsylvania. 












33 



CONTENTS. 



CHAPTER I. 

Page. 
The English Discoveries, .-.--..-9 

CHAPTER II. 
Possession by the English, ------- 21 

CHAPTER III. 
The Dutch Claim, 33 

CHAPTER IV. 
New Netherland, 49 

CHAPTER V. 

New Netherland, New Albion, and New Sweden, 65 

CHAPTER VI. 

New Netherland, New Sweden, and New England, - 94 

CHAPTER VII. 
Subjugation of New Netherland, and a second conveyance of a 

part of the country, - - - - - - - 115 

CHAPTER VIII. 
New Jersey. — The establishment of Government, ... 130 

CHAPTER IX. 
First Legislative Proceedings — Opposition of the People to the 
Government — Return of the Dutch, and Restoration of the 
English Authority, 147 

CHAPTER X. 
Purchase by Fenwick and Byllinge — Partition between Fenwick 
and Byllinge — Settlement of Fenwick — Quntipartite Divi- 
sion — Provisional Government — Proprietary Government, 164 

CHAPTER XI. 
Proceedings in West New Jersey, 180 



CONTEJi I • . 



Page. 



CHAPTER XII. 
Government in East New Jersey — Release of the Duke of York — 
Government after the release — Sale of the Province — Go- 
vernment under the new Proprietors, - - - - 193 

CHAPTER XIII. 
West New Jersey — Government after the release of the Duke 

of York — Conditional surrender of Government, - 234 

CHAPTER XIV. 
Resumption of Government in East Jersey — Resumption in 

West Jersey — Final surrender, .... - 253 

CHAPTER XV. 
New Constitution of Government — Lord Cornbury's Adminis- 
tration, ......---- 281 

CHAPTER XVI. 

Administration of Government by Lovelace, Ingolsby, Hunter, 

Burnet, Montgomerie, and Cosby, ----- 303 

CHAPTER XVII. 

Morris', Hamilton's, and Belcher's Administrations — The French 

War — Change of Governors, ------ 335 

CHAPTER XVIII. 
Opinions relating to the Rights of the Colonies — Passage of the 

Stamp Act — Opposition to the Stamp Act — The Repeal, 361 

CHAPTER XIX. 

Imposition of Taxes — Opposition to the new Taxes — The Tea 
Duty — The Tea Duty Resisted — Congress of the Colonies 
— Proceedings of Congress approved in New Jersey — Co- 
ercive measures of England, - ----- 374 

CHAPTER XX. 

The Second Continental Congress — The Provincial Congress of 

New Jersey — Constitution of New Jersey, - - - - 399 

CHAPTER XXI. 

Proposals for accommodation by the English — First Legislature 

of the State of New Jersey, 427 

CHAPTER XXII. 
Second Legislature — Articles of Confederation — Financial Mea- 
sures, 444 

CHAPTER XXIII. 

Financial Crisis — Success of the Americans — Close of the War 

— The Federal Government — New State Constitution, - 468 



PREFACE. 



But few words are necessary by way of preface as an intro- 
duction to the present volume. A fondness for historical pursuits, 
especially such as relate to our own country, was the motive that 
originally prompted the author to enter upon the undertaking - . A 
part of the material was collected and arranged, with scarcely 
any other object than the personal gratification and advantage to 
be derived from the engagement. At length the representations 
of some friends who were of opinion that such a work would be 
useful, and would be favorably received, led to its continuance 
and final completion. The suggestions thus made, were the more 
readily acceeded to by the writer, from a belief, that no such work 
if executed with a strict regard to truth and fact, could be entirely 
without value. If no new light should be shed upon the subject, 
renewed attention to it might yet be excited. It was also sup- 
posed that something might be done to aid and favor inquiry. 
Different works upon the history of New Jersey already exist, 
and are well known, and perhaps the principal part of the mate- 
rial that can be considered of much importance has already been 
collected; yet it may be doubted whether it is in such a situation 
or form, as to render it sufficiently easy of access. Some of these 
works are limited in period, some are local in their application, 
being confined, to certain parts of the State, and others are re- 
stricted in both these respects. Such as are more extended in 
scope are different in character and purpose from the present one. 
Hence it was conceived, that by bringing together from the several 
sources within reach, the principal circumstances and events of a 
civil and political character, and presenting them in one view, and 



VI PREFACE. 

in their natural order and relation, a service would be done, by 
shortening and lightening the labor of research in the most im- 
portant department of history. Such has been the present design. 
The execution of such a work may give but little ground for a 
claim to originality or learning; no such claim is advanced. No 
attempt has been made to produce a speculative or philosophical 
history, but rather to give a simple and compendious narrative. 
It is hoped that the book may prove convenient and useful, and if 
so, the object of the author will be gained. Admiration has not 
been sought. But in justice to himself, the writer may state, that 
his labor has been conducted in the midst of the duties and calls 
of another and an engrossing pursuit, and under an engagemen, 
which was too restrictive in point of time; hence faults in manner, 
and also some inaccuracies will be found, which, under other cir- 
cumstances, might possibly have been avoided or corrected. It 
may also be stated, that in order to meet the agreement which 
had been made in regard to the size of the volume, it was found 
necessary, especially toward the close, to resort to a greater de- 
gree of compression than was consistent with completeness, or 
with entire perspicuity; for the same reason, matter has been given 
in notes which properly belonged in the text, and the effect has 
been a kind of broken or disconnected appearance in several parts. 
It should also be mentioned, that in consequence of errors in 
punctuation (which are chiefly typographical,) the meaning of 
several passages is rendered obscure, and indeed is almost per- 
verted. Some of these errors are noticed in an errata. With 
these explanations, the volume is submitted, and no doubt is felt 
that it will be received by the people of the State, and others who 
may be interested in its history, with a full measure of justice and 
liberality. 

Camden, N. J., 5th month, 1848. 



ERRATA. 



Variations in Outhogkapht — Privilege has sometimes been printed 
privilege — enterprise, enterprize — and maintenance, maintenance. 
Page 14, line 35, for successor read successors. 

" 15, line 16, the word it, to come between and, and is. 

" 23, line 8, for is, read are. 
In note 10, page 38, a semi-colon to be put after the word down. 
Note 10, page 53, line 3 from bottom, for this read thus. 

" 10, page 72, for a period, put a comma after the word off. 

" 20, page 79, for Huddle read Hudde. 
Page 80, date of protest, for 1 683 read 1 638. 

Note 6, page £8, a comma after the word case, and the word went, between 
case and by. 

Note 16, page 105, for undemnified read undamnified. 
Page 134, line 6 from bottom, for continued read contained. 

" 154, line 8 from bottom, for the, read a 
Note 10, page 158, the word Fort, to come before the words William Hendrick. 
Page 159, line 10 from bottom, for divested, read devested. 

" 183, lines 4 and 5, for semi-colons put commas after colonel and general, 
In note 24, page 211, a comma to be put after the word officer, and Alder- 
man, for Aderman. 

Page 215, line 18, for administrated read administered. 

" 218, line 12 from bottom, for been met, read seen meet. 
Nole 48, page 228, for discharges read discharge. 
Page 278, line 4, a semi-colon to be put after the word usage. 

" 283, line 16, for freeholder, read householder. 
Note 13, page 291, for interests, read interest. 

A very noticeable error occurs on page 304, line 16 — the words inhabitants 
freeholders should be inhabitants householders. 
Page 391, line 27, for had, read has. 

" 398, line 1, for made formally, read finally made. 

" 496, line 18, the word of, to come between principle and composition. 



HISTORY OF NEW JERSEY. 



CHAPTER 1. 



THE ENGLISH D I S C O V E K I E * . 



The discovery of the New World by Columbus, gave a strung 
impulse to the human mind. An eager and adventurous spirit 
nvas at once aroused, and men of different nations came forward 
to enter upon the new field of enterprise and effort. Amongst the 
foremost of these persons was John Cabot, a native of Venice, but 
who had been for a long time, a resident in England. He projected 
a voyage of discovery and made application to Henry VII. of Eng- 
land, for authority and aid to carry on the design. Very little- 
aid was afforded, but the necessary authority was conferred, 
without much delay. A commission was issued bearing date the 
5th of March, 1495. It was given to John Cabot, and his sons, 
Louis, Sebastian and Sanchez, committing to him, and to them, 
and to their heirs and deputies, full authority to sail to all countries 
and seas of the east, west, and north, under the banner of Eng- 
land. They were allowed to equip "at their own proper costs 
and charges," five ships of whatever burden and strength in 
mariners, they might choose to employ. They were empowered 
to set up-the ensigns of England in newly discovered lands, and 
to possess them as lieutenants of the king. 1 Some time elapsed 
before the difficulties incident to such an attempt could be wholly 

1 Ryruer's Foedera Anglice. 



10 TI1K ENGLISH DISCOVERIES. 



removed, and the preparations for departure were not completed 
until the commencement of the year 1497. Of the persons named 
in the commission two only, engaged in the voyage, John Cabot 
the father, and Sebastian, the second of the sons. Very little is 
known as to the particular occurrences of their voyage, no precise 
account having ever been given, either by the actors themselves, or 
by any cotemporary. But the enterprise itself is referred to in 
various authentic documents, and the final event was recorded in 
terms sufficiently full, and in a manner that entitles the account to 
perfect confidence and credit. This record was made upon an 
ancient map drawn by Sebastian Cabot himself, and published, 
as there is reason to believe, under his sanction, if not by his parti- 
cular desire. Upon this map was written in Latin, the following 
words: "In the year of our Lord, 1497, John Cabot, a "Venetian, 
and Sebastian his son, discovered that country which no one be- 
fore his time had ventured to approach, on the 24th of June, about 
five o'clock in the morning.'' 2 To commemorate the event the 
discoverers called the land Terra Primum Visa ; it was a part of 
the Island now called New Foundland. It is stated by some 
authorities that so soon as this discovery was made, or very soon 
afterwards, the voyagers returned to England, making scarcely 
any attempt to explore the country, or to examine the adjacent 
coasts. 3 Others suppose that Cabot continued immediately to 
prosecute the voyage ; that he pursued a westwardly course until 
the continent was reached, then, sailing along the coast, advanced 
high up into the Northern Seas, and finally, proceeded in an 
opposite direction far toward the south. 4 A careful comparison of 
the several accounts conducts to the belief, that the truth is be- 
tween these extremes. It is beyond dispute that the Cabots were 
concerned in two voyages performed in immediate succession, 
and there are many facts tending to show, that the principal dis- 



'This map was in a collection in the cabinet of Edward VI. and Sebastian Cabot 
was in great reputation at the court of that prince, and was entertained by him 
with much favour. — Tytlcr's View. 

It was also "to be seene in her Majesty's privie gallene at Westminster, and 
in many other ancient merchants houses." — Hakluyt. 

3 Tytler's Historical View. 

* Holme's Annals, Proud'8 History, Grahamc's Colonial History. 



THE ENGLISH DISCOVERIES. 1 1 

covcries were made in the course of the second one. Upon the 
first, the one now under notice, little more was effected than to 
determine the existence of land in this region, and to notice the 
insular form of some parts, and the extended appearance of others. 
This being done, the discoverers hastened to return, in order to 
announce the success of their venturous attempt. The voyage of 
the next year was undertaken with more favorable prospects, the 
king showed greater liberality in his grants, and even engaged to 
defray the entire expense ; the same navigator also, having the 
advantage of former experience, was appointed to conduct the 
enterprize. A commission was granted on the 3d of February, 
1498, N. S. It was given to John Kabatto, Venetian, and per- 
mitted him to take six ships and sail to the land and isles, of late 
found by the said John, in our name, and by our commandment. 9 
When on the eve of departure, John Cabot from some causes 
now unknown, found it necessary to relinquish the command and 
the attempt, and upon this occurrence, Sebastian the son, was 
advanced to the vacant post. Sebastian sailed from England in 
the month of May of the same year, and proceeded at once to- 
ward the American continent. The exact date of his arrival is 
not known, but he immediately engaged in exploring the coast. 
The discoveries he made during the course of this voyage were 
of great extent. The limit to the. north has not been precisely 
determined there being a singular variance in the several state- 
ments made upon the point. This difference is the more remarka- 
ble as most of these statements seem to have been drawn from a 
common source, and this too, being one of the earliest and fullest 
works. 9 But the writer of this work though always copious in 
his details, is not always sufficiently exact. On one occasion he 
professes to give the acount of Cabot himself upon the point in 
question, it is as follows: "Sailing along the coast toward the 
north to ascertain if I could find any gulf to run into, I could dis- 
cover none, and thus having proceeded as far as fifty-six degrees 
under the pole, and seeing that here the coast tended toward the 
east, I despaired of finding any passage and so turned back.'* 7 



1 Memoir of Sebastian Cabot. " Viaggi del Ramusio. 

" Ramusio, turn. 1st. 



12 THE ENGLISH DISCOVERIES. 

Yet in another part of his work this author declares, that it was 
Written to him by Sebastian Cabot, that he sailed to the latitude 
of sixtV'Seven and-cu-half degrees under the north pole. 8 Both, 
these accounts have been followed .by succeeding writers. Bui 
this difficulty may be solved. Although the distinction is riot 
fully or properly marked, there is yet sufficient reason to believe, 
that the statements just given do not relate to the same time, or the 
same voyage. It is known that many years subsequent to the period 
now under notice, Sebastian Cabot conducted an expedition to this 
very coast, under the direction of Henry Eighth of England, for 
the purpose of discovering a passage to the Indie* On this later 
voyage he proceeded farther to the north than heliad done before, 
and then it was, bewailed to the latitude of sixty-seven and-a-half 
degrees under the north pole. It may therefore be concluded that 
the former statement which gives the latitude of fifty-six degrees 
as the limit of the present voyage, may be relied on as correct. 9 
Authorities differ alsoJn regard to the southern limit. The writer 
already quoted gives, as a part of the statement of Cabot, an ex- 
press declaration that "he reached the country at present.. called 
Florida." But this account is not at all precise, as the "country 
to which the name Florida had been given, was, at that time of 
undetermined extent. But another author who wrote nearly at 
the same time, being a cotemporary with Cabot, and also one of 
his intimate friends, gives an additional account. In this, it i.-^ 
said that the discoverer "coasting still by the shore was brought 
so far to the south by reason of the land bending much to ihe 
southward that it was there almost equal in latitude with the 
straits of Herculus and that he [then]] sailed to the west until he 
had the Island of Cuba on his left hand, and nearly in the same 
longitude. 10 This narration is not perfectly determinate and clear. 



8 Ramnsio, torn. 2d. 

* According to some authorities, Cabot arrived upon the coast in this voyage 
in the latitude of fifty-eight degrees, but it may be doubted whether this was not 
in the later voyage performed in the next reign. 

10 Peter Martyr de Orbe Novo. A single glance at the North American conti- 
nent will serve to illustrate the meaning of a pari of the passage here cited. The 
"bending of the land" is southward to the thirty-fifth degree, which is almost ihe 
latitude of the straits of Herculus or Gibralter from ihnt point it tends westward!} 



TTIE ENGLISH DISCOVERIES. 13 

but it imports, that the navigator had arrived near the Island of 
Cuba, and it is obvious, that with this Island on the left hand, the 
nearest payt of the continent, almost in the same longitude, on his 
right hand, would be that portion of country to which the name 
Florida has now come to be confined. The southern point of this 
portion of land is nearly in the latitude of twenty-five degrees. 

Cabot did not attempt to establish a settlement within the 
country he discovered, but he took possession thereof, on behalf 
of the crown of England. 

In the two voyages just noticed the foundation of the English 
claim to countries in North America was laid. It is of some im-. 
portance that the origin and character of this claim should be 
fully understood, and hence it may be proper, before any further 
advancement is made, to pay closer attention to this primary 
movement. "The particular right we have to a thing," says a 
writer of authority, "is either by original or derivative acquisition. 
It is called original acquisition when a thing which before be- 
longed to no man, begins to be the property of some particular 
person; it is derivative, when a right of property already esta- 
blished, passes from one to another." 11 In its inception the claim 
of the English nation to land in America was considered as origi- 
nal in its character; in other words, the territory was regarded, 
and entered upon, as belonging to no one. It was looked upon 
as entirely new; the inhabitants, which at subsequent periods, were 
found there, were subdued or conciliated, but a right to the country 
was supposed to have been acquired, anterior to the conclusion of 
any treaty, or any attempt at conquest. Discovery, simply con- 
sidered was made the foundation of title. Whether such a claim 
could be sanctioned as just, whether it was consistent with human- 
ity and the soundest policy, are questions which it is not necessary 
just now, to discuss. It is sufficient for our present purpose to 
determine, whether such a right was acquired as might be main- 
tained in accordance with the usages of civilized countries, and 
the principles of national law. That according to these usages 
and laws, discovery, or finding, by an European nation, even 
where there was pre-occupation by savages, is capable of confer- 

" Grotius. 



14 MTIK ENGLISH DISCOVERIES. 



ring a title to territory, is a point that needs no illustration, and 
hence there is no other thing to be determined in the present case, 
than the reality of the rinding itself. Considered in this way the 
matter in question is not such as to require an extended notice ; 
it is nearly determined by common assent. That a discovery was 
really made at the time, and made by persons acting under a com- 
mission from the English crown, are facts that soon became 
known, and have been generally acknowledged, throughout the 
civilized world. The only point that is open to doubt is that 
which respects the extent of acquisition. It cannot be pretended 
that the rinding of San Salvador, by Columbus, gave a right to 
the Spaniards to all the Islands on the American coast, or that the 
first discovery of the continent by Cabot, gave the English a claim 
to its entire extent. A claim from discovery must have some 
limitation. Where a natural boundary exists that may be taken 
as the limit, as in the case of Islands or a close group of Islands, 
or in portions of territory connected with particular waters. Thus, 
a voyager who should discover the mouth of a stream upon a 
cfoast before unknown, would without farther advance, acquire 
a claim to the country watered by such stream, and its branches. 
Where no such natural boundary exists, the actual extent of dis- 
covery, is to be mainly regarded. A navigator who may discover 
a country and proceed along its outline, may lay claim to a right 
between the points of approach and departure. Upon this princi- 
ple, the extent of the English acquisition from the discoveries of 
the Cabots would be, from the fifty-sixth, nearly to the twenty-fifth 
degree of latitude. 

A long period elapsed before any attempts were made by the 
English, to improve in any way, the possession they had thus 
obtained. Neither the discoverers themselves or " their heirs or 
deputies" availed themselves of the advantages which had been 
granted them. They neither engaged in trade, or endeavoured to 
acquire a fuller knowledge concerning these lands. Nor was 
much desire evinced either by the king under whose authority the 
discoveries were made, or by his immediate successor, to exercise 
the powers that were vested in the crown. More than half a cen- 
tury was suffered to pass away without farther advancement. 
But, during this period, several attempts were made upon this 



TUB ENGLISH DISCOVERIES. 15 

same ground by other adventurers, and it is necessary to notice 
these movements, both as a part of the history of the time, and 
also, as they were the foundation of conflicting claims to the 
country. 

The Portuguese were the first to follow in the new track. The 
people of this nation had become signalized on account of their 
genius and skill as navigators, and they were ready to seize upon 
every opportunity that presented, to extend their researches, and 
add to their renown. The discoveries of Cabot excited their 
jealousy. Very soon an expedition was despatched by the King 
of Portugal, under the command of Gaspar de Cortereal, a man 
of ardent and determined 'character, and who it is said, was 
"athirst for glory." This commander made two voyages to the 
American coast, the first one, in the year 1500. He directed his 
course so far toward the north, that he only touched upon a part 
of the English discoveries, and is supposed that he did not ad- 
vance beyond their limits, at any one point. 12 But the history of 
the whole enterprize of Cortereal is very imperfect, and in rela- 
tion to the second attempt, which followed quickly after the first, 
hardly any thing is known, as the whole company was lost, and 
no vestige either of the ships or the mariners, was ever discovered. 13 
The brother of Cortereal who sailed soon afterwards with two 
ships, to determine the fate of his relative, perished in a similar 
manner. 

The French people were the next to enter upon the career of 
discovery. Only a few years after the discovery of America by 
Cabot, the Fishermen of Normandy ventured to visit the coast, 
and in 1508 a mariner named Hubert, carried home one of the 
natives of Newfoundland, and exhibited him in Paris. But in the 
year 1523 a more formal undertaking was entered upon. 

Francis the First who was then on the throne of France, was a 
prince of much activity of character, and he engaged in the new 
pursuit with all his accustomed ardor. He caused four ships to 



12 The most northern point that was attained by Cortereal was probably about 
the fiftieth degree. — Bancroft. 

13 Almost the only account of the voyage of Cortereal is contained in a letter 
from Pietro Pasqualigo, Venetian Embassador in Portugal, to his brother, dated 
October 19th, 1501. 



[(> THE liM.l.lwil DISCOVERIES: 

be tilted out, and placed them under the command ol' John \ ef- 
razano, a Florentine navigator of high repute. The expedition 
departed at once, but did not arrive on the American coast -till the 
following year, having been delayed by various occurrences. At 
length, as 'the commander himself narrates, "he arrived at a new 
land never before seen by any man either ancient or modern." It 
is necessary however to take this "declaration with some degree of 
abatement; the particular portion of territory that Avas seen by 
Verrazano may. not have been visited before? yet, it was within 
the limits of the British discoveries, and it does not appear that, 
the commander arrived in any part of .nis voyage, at a country 
totally unknown. Toward the south, he reached the latitude of 
thirty degrees, or according to some authorities the twenty-eighth 
degree. From this point he proceeded along the coast toward the 
north and was thus led nearly in the $am*e track that had been 
pursued before by Cabot, though in an opposite direction, lie 
sailed along the whole line of coast as far as to the fiftieth degree 
of latitude. He landed at several places and held some intercourse 
with the natives and upon his final departure, gave to the region 
he had visited, the name of New France. 

In consequence of these voyages both the Portuguese and the 
French attempted to set up claims to land in Northern America. 
But it does not appear that any actual discoveries were then made. 
It is certain at least, that within the limits of twenty-five and fifty- 
six degrees of latitude, (and it is not necessary just now to inquire 
beyond these limits,) they did no more than visit a country which 
was already known to another people. Cabot had been in advance 
both of Cortereal and Verrazano, and had claimed the country on 
behalf of the British crown. As discoverers then, neither the Portu- 
guese or the French could justly pretend to any title, and their 
attempts at this time were not such as to warrant a claim upon 
any other ground. They made no efforts to secure possession ; 
they effected no settlement, and after a brief visit left the country 
entirely. 

But after a further period of ten years the French renewed their 
attempts, under the direction of Jacques Cartier. It was the 
purpose of Cartier to penetrate into the country and establish a 
settlement. Accordingly, after exploring the coast, and discover- 



THE ENGLISH DISCOVERIES. 17 

ing the mouth of a river which he called the St. Lawrence, he 
ascended the stream, took possession of a portion of territory and 
erected a fort. Upon a second visit he penetrated still farther, 
and opened an intercourse with the native tribes, and finally, in 
conjunction with a noble of France, he settled a colony of French- 
men, near the site of Quebec. This whole undertaking was 
finally abandoned, but it had been persevered in for so long a time 
as to give some color to a claim from possesion. Yet it could 
hardly be considered such a "long uninterrupted and undisputed 
possession" as would be necessary to give a sufficient title, even 
to the territory actually occupied. 14 

Beside the nations already mentioned, the discoverers of South- 
ern America, the Spaniards, had extended their researches and 
efforts so as to come within the bounds of the English discoveries. 
So early as 1512, Ponce de Leon one of the companions of Colum- 
bus, had advanced toward the north and entered upon a country 
which he claimed in the name of the Spanish king, and which he 
called Florida. He was succeeded by other adventurers who 
advanced still farther. Florida became a theatre of contest be- 
tween different bodies of Spaniards and French, and at the end 
of these struggles in which much blood was shed, only one small 
colony remained. This was a Spanish settlement, and finally 
survived. 

From the statements just made the conclusion may be drawn, 
that no such claim was acquired by the Portuguese, the Spaniards, 
or the French within the countries discovered by the English, as 
could extinguish, or materially affect the rights of the latter, at 
least, so far as the greater part of the territory was concerned. 

The final acquiescence in the possession of Florida by the 
Spaniards led to the loss of a portion of territory in the south, 
but this did not effect the rights of the original claimants to the 
remainder of the country. The settlements made by the French 
on the St. Lawrence, were abandoned at so early a period, that a 



" The entire period of Ihe French occupation at this time was only about ten 
years, and, even this was broken by several interruptions. This fell far short of 
the conditions necessary to a claim from possession. 
3 



IH THE ENGLISH DISCOVERIES. 

iit;lii from possession had not become established, and hence in 
that direction, the claims of the discoverers would still survive. 

But another question presents itself to notice. Did the claim 
of the English continue in force during the whole interval of time 
between the date of the original discovery, and that of entering, 
and taking possession; or was it lost from non-usage and lapse 
of time? Some authorities have represented a right from dis- 
covery as being of so imperfect a nature, as to be nearly incapable 
of distinct existence. It has even been laid down a general prin- 
ciple or rule, that the property and sovereignty of a nation cannot 
be acknowledged over any newly discovered lands except those 
of which it has really taken possession, on which it has formed 
settlements, or of which it makes actual use. 15 The acknowledg- 
ment of this principle would be entirely to destroy and extinguish 
the right in question, or at least, to render it of no value or force; 
its virtue would then be made to depend upon some other, some 
subsequent act, or thing. But this doctrine is by far too strongly 
stated. Discovery does certainly confer a right, and one that is 
distinct and independent, though it may be lost in consequence of 
neglect and the lapse of time. The period of its existence has 
not been precisely determined. Some authors limit its duration 
to what they call "a reasonable time," but this is a mode of 
expression that fixes nothing, as a reasonable time can only be 
determined by particular circumstances, and will therefore vary 
in the several cases that may come into view. If, during a period 
of general activity a nation should overlook or neglect a posses- 
sion ; no disposition whatever being shown to assert or maintain 
a claim, a presumption will soon arise that its claims have been 
abandoned. But during a period of general repose, when nothing 
occurs to call for vigilence or notice, then, the mere quiescence of 
a party cannot be rightfully construed as an abandonment of 
claims. The "reasonable time" must be somewhat extended 
under circumstances like these. The principles and views above 
given may be applied to the case under notice. 

The movements of the Portuguese, the Spaniards, and the 

15 Vattel. 



THE ENGLISH DISCOVERIES. 19 

a 



French, which have already boon mentioned, were math; at i 
comparatively early period, and subsequent to these, nothing was 
done in Northern America, until the advent of the English them- 
selves. There was a long period of general tranquility, nothing 
occurred to urge to immediate or speedy action, and the "reason- 
able time" allowed for such action, would hence be prolonged. 

At the very least, if the English title could not be considered, 
throughout the whole of this period, as being sufficient to bar the 
advances of other nations, had such advances been made, yet, 
in the absence of such, it continued so far in force, as to warrant 
the English themselves in entering the country and perfecting a 
title, by use and possession. 



CHAPTER IT 



P s 8 E SSION BY T II E ENGLISH. 



At length a period arrived when the English people resolved 
lo take fuller possession of their American territories. The reign 
of Qneen Elizabeth was to be marked, in addition to other suc- 
cesses, by the execution of this design. In the year 1577, an 
enterprize was projected to establish a settlement, and the course 
of procedure adopted at the time, was such as brought at once 
into view, some of the most important principles of British 
colonial policy. Application was made to the Queen by Sir 
Humphrey Gilbert, an individual who was distinguished for his 
generous qualities, and an ardent love of adventure. To this 
person a grant was made in a formal instrument which was 
described in its title, as "Letters Patent granted by her Majesty 
to Sir Humphrey Gilbert, Knight, for the inhabiting and planting 
of our people in America." It was dated June 11th, 1578. 
This instrument gave to Sir Humphrey, the full right to certain 
portions of lands, and also, full authority for the establishment 
and maintainance of government. It conveyed to the said Sir 
Humphrey, his heirs and assigns, and every of them, forever, 
the right to hold and enjoy all such lands, countries, and territories 
as he should discover, not actually possessed by any christian 
prince or people. It vested in the said Sir Humphrey, his heirs 
and assigns, the full right of property in the soil of these countries 
which he and they were to hold of the Crown of England by 
homage, upon condition of paying one fifth of all the gold and 
silver ore found there. It conferred complete jurisdiction within 
the said lands, and the seas adjoining them, and gave full authority 
and power to correct, punish, pardon, or rule all such persons as 
should adventure within, or inhabit, these lands, and that in all 
causes, capital or criminal, as well as civil. It gave power to 
make all statutes, laws, and ordinances, for the better government 



22 possession nv Tiirc English. 

of (he people, provided, however, that "the said statues, laws, 
and ordinances, should be as near as conveniently may, agreeable 
to the laws and policy of England." 

The question naturally arises, whether it was within the proper 
scope of royal authority to confer a grant so comprehensive and 
full, as was this. The nature and extent of the English claim to 
land in America have been already considered. This claim so far 
as it continued in force, had been received by the sovereign now 
on the throne, in the common course of descent, and the royal 
authority in these lands was founded on the same laws that ex- 
isted, and were in operation, in other parts of the realm. 

The territory in America could only be regarded as a part of 
the dominion subject to the crown, and subject as were other parts, 
to the powers that belonged to the crown. Hence, to inquire 
whether the sovereign could make such a grant as that conferred 
upon Sir Humphrey Gilbert, is only to consider in a particular 
mode, the real extent of the royal prerogative. Queen Elizabeth 
herself was wont to say "that the Parliament ought not to deal, 
to judge, or to meddle with her Majesty's prerogative Royal;" 
and her successor, James, declared that "as it is Atheism and 
blasphemy in a creature to dispute what the Deity may do, so it 
is presumption and sedition in a subject to dispute what the kino 
may do, in the height of his power." " Good christians," he says, 
"will be content with God's will revealed in bis word, and good 
subjects will rest in the king's will revealed in the laws." But 
notwithstanding these pretentions, the royal prerogative was really 
restricted within determined bounds, and some of these restrictions 
had existed from the earliest period. Ina, the great Saxon king, 
distinctly acknowledged, that there was no great man nor any 
other in the whole kingdom, thai could abolish written laws. It 
was a part of the oath administered to the Saxon kings at their 
entrance upon the government, that they should "maintain and 
rule according to the laws of the nation." In the year 1215, 
King John had been compelled to sign the 'Charter which from 
its importance, has ever since been denominated Magna Charta. 
In this charter the limitations of the royal prerogative were dis- 
tinctly laid down, and at subsequent periods other restrictions had 
been added, and assented to. And at the very time that Kins 



POSSESSION RY Till; ENGLISH. 23 

James put forth his arrogant pretensions, his people and their 
representatives in Parliament were far from assenting to his prin- 
ciples and his course. 1 But it does not appear that in the act of 
Elizabeth in which she gave a title to land, and granted authority 
to rule, the rightful authority of the sovereign was really exceeded. 
A title to land was granted by the English monarchs in their 
character as Lords Paramount. "All the lands in the kingdom," 
it is said, "is supposed to be holden mediately or immediately of 
the king, as Lord Paramount." 2 That the holder of the crown 
was to be regarded as the original proprietor of all the lands in 
the kingdom, could hardly be considered as more than a fiction of 
law; yet the public domain comprizing those lands which re- 
mained unappropriated, was held by the king, and was distributed 
according to his pleasure. According to the theory of the British 
government, all vacant lands were vested in the crown, as repre- 
senting the nation, and the exclusive power to grant them was 
admitted to reside in the crown, as a branch of the royal preroga- 
tive, and under such grant the subject could take, hold, and possess 
these lands in full propriety. This continued to be the case long 
subsequent to the time of Elizabeth, and until the passage of the 
statute of Queen Anne, in the year 1701. In consequence of this 
statute, the power of the sovreign over the lands in question, 
became measurably restricted. 

As a grant of property then, the patent given to Sir Humphrey 
Gilbert was issued in accordance with law, or least without any 
violation of law. The other part of the grant, the power to 
establish government, was based upon similar grounds. It did 
not belong to the king, as a part of his prerogative, to determine 
the form of government, throughout his entire dominions ; but the 
laws and customs of the country allowed a different exercise of 
power, in different parts of the kingdom. Counties Palatine had 



1 " The king thought that the lavish tongues of men pryed too narrowly into 
the secrets of his prerogative which were mysteries too high for them, being 
arcana imperii, fitted to be admired rather than questioned Bui the Parliament 
were apprehensive enough that these hidden mysteries made many dark steps 
into the people's liberties; and they were willing by the light of law and reason 
to discover what was the king's, and what was theirs." — Purl. Hist. 

3 Blackslone. 



24 POSSESSION BY THE ENGLISH. 

thefr own rulers and laws; some places were not affected by acts 
of Parliament, unless specially named therein, and where posses- 
sion was taken of vacant territories, the king, jure coronoe had 
the power of instituting government therein, provided that such 
government was consonant to English usages and laws. 

The patent now granted by the Queen, gave authority for the 
establishment of a proprietary government, a form in which both 
property and power are placed in the same hands. "Proprietary 
governments," says a high authority, 3 "are granted out by the 
crown to individuals, in the nature of feudatory principalities, 
with all the inferior regalities, and subordinate powers of legisla- 
tion which formerly belonged to Counties Palatine, yet still with 
these express conditions that nothing be attempted which may 
derogate from the sovereignty of the mother country." 

In its general scope then, the grant to Sir Humphrey Gilbert 
was sanctioned by the customs and laws of England. 

Very soon after the reception of the patent, Gilbert made a 
voyage to America, but in consequence of disasters met. with in 
the course of his voyage, he was compelled to return without 
effecting a settlement. But soon afterwards he renewed the at- 
tempt. In the year 1583, he departed from London, and after a 
more prosperous voyage, arrived in America with a company of 
two hundred and sixty persons. He took possession of St. 
John's, in Newfoundland, and made proclamation of his right and 
title to the country.* He proceeded at once to exercise his 
authority, and enacted three principal laws for the government of 
his colony. By the first of these, public worship was established 
according to the Church of England, by the second, the attempt- 
ing of any thing prejudicial to her majesty's title, was declared to 
be treason according to the laws of England ; by the third, the 
uttering of words to the dishonor of her majesty, was to be 
punished with loss of ears, and the confiscation of property. 

These were the first laws ever made and promulgated in the 



3 Blackstonc. 
* Gilbert says, u 0n the 5th day of August 1 entered here, in the right of the 
l rowii of England, and have engraven the arms of England.'' 

Letter to Choree Vcckham. 



POSSESSION DY THE ENGLISH. 25 

country. They form a brief code but a rigid one, and these 
laws are worthy of notice, not only from their position in le- 
gislative history, but also as an exhibition of the temper of go- 
vernment, at that time. They show the measure of liberty in 
thought, and word, and deed, that was then allowed to the sub- 
jects of Britain. 5 

But Sir Humphrey Gilbert did not live to bring his government 
into actual operation. He was lost soon afterwards in an attempt 
to return to England, and the enterprize he had engaged in, totally 
failed. 

The next effort for the establishment of a colony in America, 
was made under the direction of Sir Walter Raleigh. It may be 
that the grant to Raleigh, who was the half brother of Sir Hum- 
phrey Gilbert, was designed, in part, as an extension of that which 
had been made to the latter. Whether so or not, the conditions 
were nearly the same. Raleigh's grant was conveyed by an in- 
strument which bore the name or title of " Letters Patents grauntcd 
by the Queenes Majestie to M. Walter Ralegh now Knight, for 
the discovering and planting of new lands and countries, to con- 
tinue the space and time of six yeers and no more." Dated 
March 25th, 1584. 

The condition of this grant in respect to time, was not designed 
as an absolute limitation, it meant no more than that the under- 
taking must be entered upon within the time mentioned. Raleigh 
was a man of vigorous and ardent mind, .and he immediately 
prepared to make use of the advantages giv^n in his patent. He 



5 It would seem that the people with Gilbert were well satisfied with his enact- 
ments. It is said, " that obedience was promised by generall voyce, and consent 
of the multitude, as well of Englishmen as strangers, praying for the continuance 
of this possession, and government begun." 

6 It is asserted by Stith, (Stith's Virginia,) that " on the 1 1th of September, Ra- 
leigh's Fatent was confirmed in Parliament, and a proviso added." The reason 
of the application to Parliament is not given. It could hardly have been sup- 
posed that a confirmation by Parliament was necessary in order to give validity 
to the instrument, and the "proviso" might have been added by the Queen, by the 
same power that enabled her to make the original grant. But whatever may have 
been the cause of the application, it affords the first example of the action of 
Parliament in the affairs of America 

4 



26 POSSESSION BY THE ENGLISH. 

equipped and sent out two ships under the command of Captains 
Armidas and Barlow. They arrived on the American coast on 
the 4th of July, 1584. They landed at several places, and ex- 
amined the surrounding country,, they had frequent and friendly 
interviews with the native tribes, and engaged in some traffic. At 
their return, the English commanders made a most favorable 
report, and Queen Elizabeth directed that the country they had 
visited, should be called Virginia. . The portion of territory to 
which this name was given, extended from the thirty-fourth to the 
forty-fifth degree of latitude. 

Raleigh engaged in several attempts to colonize Virginia. Act- 
ing either singly, or in concert with others, he caused several 
bodies of men to be sent out at different times and settled in the 
country. These colonies maintained their positions for a time ; 
the settlers erected forts and dwellings, acquired a knoAvledge of 
the land, and of the natives, and made some feeble attempts to 
establish government. But in the end, the enterprize was wholly 
abandoned. Some of the colonists perished from exposure and 
want, others from the hostility of the savage tribes, and the sur- 
vivors embraced the first opportunities that offered to return back 
to England. 7 

It was the error of Raleigh and his associates that they failed 
in a proper concentration of means. Their resources and their 
efforts were great, but they were expended in repeated and 
distant attempts. No one of the bodies sent into the country 
was possessed of sufficient strength to ensure success, yet they 
were not sustained by timely assistance. Of consequence, these 
bodies fell by successive disasters, and each time the ruin was 
so complete, as to destroy not only the labors of the past, 
but also all hope for the future ; so far as these bodies were con- 
cerned, all expectation was extinguished. 

1 It is commonly stated that Raleigh's Patent was afterwards forfeited in 
consequence of his attainder. But before the final dissolution of the colonies es- 
tablished by him, he had made an assignment of his privileges and rights, (with 
some reservations,) to Thomas Smith, and other merchants and adventurers. 
This assignment was made on the 7th of January, 1589. The assignees attempted 
or effected but little, and at length either relinquished their claims, or became 
parties in the companies subsequently formed. 



POSSESSION BY THE ENGLISH. 27 

About this period the pretentions of the French were again 
advanced. In November, 1603, Henry IV. of France made a 
grant of territory upon the American continent to the Sieur Do 
Monts, a gentleman of the Bedchamber. This grant extended 
from the fortieth to the forty-sixth degrees of latitude. De Monts 
was constituted Lieutenant General, with power to colonize 
and rule the country, and to subdue and christianize the native 
inhabitants. De Monts himself was a Calvinest, but he 
agreed to establish the Catholic religion within the new lands. 
He made a voyage to America with a company of adventurers, 
and effected a settlement which however was soon afterwards 
abandoned. 

The re-appearance of the French at this time, manifested a 
disposition to persist in their claims upon the American con- 
tinent, and the attempt just noticed, together with others that 
succeeded, eventually led to a disbute between England and 
France which was finally determined by an appeal to the sword. 

For some years subsequent to the issue of Raleigh's attempts, 
Virginia was almost entirely neglected. Different navigators 
visited the country, among whom Bartholomew Gosnold deserves 
to be particularly noticed ; but no new settlements were made, 
and finally, at the close of the reign of Queen Elizabeth, it is 
doubtful whether a single Englishman remained within the limits 
of Virginia, or indeed in any part of Northern America. Yet 
the efforts that had been made were not without fruit. The 
country had been brought into notice, a period of actual pos- 
session had given additional strength to the English title, the 
settlers had examined the lands, and the difficulties to be encoun- 
tered had become known from actual trial. The first adventurers 
had suffered, and many of them had perished; they had not been 
able to secure the country for themselves, but they had rendered 
the way to possession more easy and safe to others. 

The beginning of a new reign was also the beginning of a new 
era in colonial history, an era of much vicissitude but marked by 
ultimate success. 

In the year 1606, application was made to James the First, by 
divers persons, for authority to engage in a new attempt to colo- 



28 possession nv the English. 

nizc Virginia. The king "greatly commended and graciously 

accepted their desires, for so noble a work." A patent was soon 
afterwards issued by which Virginia was divided into two nearly 
equal parts, and each portion was assigned to a separate company. 
The "First," or southern division which extended from the thirty- 
fourth to the forty-first degree, was granted to a body called the 
London Company. The " Second," or northern division extended 
from the thirty-eighth to the forty-fifth degree, and was assigned 
to an association designated by the name of the Plymouth Com- 
pany. It is evident that these grants were conflicting, as they 
both extended, in part, over the same portion of territory. The 
portion so situated was that between the thirty-eighth and forty- 
first degrees of latitude, and included the present States of 
Maryland, Delaware, Pennsylvania, and the whole of New 
Jersey, except a triangular portion at its northern point. 6 But 
a direct collision between the companies was prevented by a con- 
dition, that one should not form a settlement within one hundred 
miles of a colony planted by the other, and after a period, their 
limits were reduced to entire accordance, as will hereafter be 
noticed. 

The patent gave to these companies the full right of property in 
the soil extending fifty miles on each side of the place of settle- 
ment, and reaching one hundred miles into the interior country. 
The companies were authorized to transport to their respective 
territories as many English subjects as should be willing to 
adventure. They were also allowed to export from England 
whatever was necessary for the defence or sustenance of the 
colonies, without paying duties, for the space of seven years. 

The government that was established was distinct in name and 
form, from the companies, and was of a character not a little 
singular. It was a sort of Vice Royalty but composed of different 
1 todies, and embracing a large number of members. One body 
having general authority, was to be established in England, and 



8 It is to be observed, however, that the patent did not define the limits of the 
grants toward the west. Those portions only that were specifically given to the 
companies, were defined in that direction. 



POSSESSION BY THE ENGLISH, 2i) 

two others, one in each of the provinces, with subordinate juris- 
diction. These bodies, called councils, were to consist severally 
of thirteen members, all to be appointed by the king. The 
councils were to administer the government according to a rule 
contained in ordinances and instructions signed with the royal 
hand, or the sign manual, and passed under the privy seal. By 
this code of instruction, the provincial councils were empowered 
to make all necessary regulations for the provinces, provided that 
they should be consonant to the laws of England, and subject to 
revision by the king or the supreme council in England. The 
councils were also authorized to levy duties on foreign commo- 
dities, and the amount thus raised might be used for the benefit 
of the colonies, for the space of twenty-one years, then, to be 
paid into the royal exchequer. They were to superintend and 
direct the distribution of lands among the settlers, and all lands 
that were granted out were to be held in free and common soccage 
only, and not in capite. They were to administer justice accord- 
ing to British customs and laws, and to establish Divine worship 
in conformity with the doctrines and rites of the Church of 
England. The colonists and their descendants were to have and 
enjoy all liberties, franchises, and immunities in the same manner 
as if they had remained, or been born, in England. 

The conditions of the patent may be considered as they related 
to the company, and as they affected the settlers generally. In 
the former respect, the grant was sufficiently favorable, in view 
of the objects pursued. There is reason to believe that the com- 
panies did not contemplate the establishment of independent and 
prosperous communities, so much as their own particular ad- 
vantage; they sought to secure for themselves, the real or imagined 
treasures of the new world. 

Some of the provisions in relation to the settlers were such as 
to do honor to the royal grantor, but they were rendered of little 
effect from their incongruity with others. Lands were granted 
upon the freest tenure. All the rights and franchises of English 
subjects were also fully conceded, a grant however which it was 
scarcely necessary to make. 

The liberties and franchises of Englishmen were not 1o be given 



30 POSSESSION BY THE ENGLISH. 

or withheld at the pleasure of the king; they were secured to 
every one by the laws of the realm, and the claim to them was 
neither lessened or lost, in the remotest parts of the kingdom. In 
conferring them, the king did but give, what the subject had a 
right to enjoy, either with, or without his grant. Yet, notwith- 
standing this, and notwithstanding the royal concession itself, the 
patent, in some of its provisions, was a virtual denial of the rights 
and immunities of Englishmen. It established a rule in which 
the people had no participation, either direct or remote. The 
whole government was in the hands of bodies appointed by the 
king, and holding and using their authority at his discretion ; the 
royal element in the English government would therefore exist 
in the province to the exclusion of all the others. This indeed 
might amount to little more than a negative evil so long as the 
action of government was properly bounded ; so long as it 
continued within the limits which marked out the sphere of 
royal authority. But these limits were not observed. New 
powers were assumed, and hence the colonists were reduced 
to absolute dependence upon the clemency or discretion of the 
king, except in a few particulars. 

But these objections to the charter granted at this time, were 
but little regarded, and it was under the authority of this instru- 
ment that the first permanent settlement within the limits of the 
British possessions was made. 

This enterprize was carried on by the South Virginia, or 
London Company. Three ships were sent out under the com- 
mand of Christopher Newport, carrying a body of emigrants, one 
hundred in number. The expedition arrived in the bay of 
Chesapeake on the 26th of April, 1607. 

Presently after landing, a situation for a settlement was sought 
out, and the place selected was called Jamestown, in honor of the 
king. The colony here planted was the first to take firm root in 
the country. The history of its early struggles cannot here be 
pursued, but it would be unjust to pass on without some notice of 
one individual. John Smith, one of the members of the Colonial 
Council, was a man who from nature and from previous habits, 
seemed to be fitted for the time, and the place. He had great 



POSSESSION BY T1IK ENGLISH. 31 

energy and determination, and was accustomed to strenuous effort. 
He shrunk from no trial or danger, and amidst the difficulties and 
perils of this period bore up the spirits of the people, and more 
than once preserved the colony from ruin. His prudence too, 
was equal to his vigor ; whilst he boldly explored the country and 
kept the savages in awe, he directed the interests of the settlers, 
urging them to cultivate the lands, and to rely upon their own 
labor as the only sure means of success. He may be regarded 
as the true founder of this settlement, and indeed, as a chief leader 
of colonization in the new world. 

After a trial of three years, the South Virginia Company be- 
came dissatisfied with the state of the colony, and upon application 
to the king, they received on the 23d of May, 1609, a new charter 
containing a grant of additional priviledges and powers. The 
company was made "one body or commonalty perpetual," and 
was incorporated under the name of "The Treasurer and Com- 
pany of Adventurers and Planters of the City of London, for the 
first colony of Virginia." To this body an absolute title was 
given to the territory extending from Point Comfort, two hundred 
miles to the north, and the same distance to the south, and reach- 
ing westwardly from sea to sea. 

This grant differed from the former one in several particulars. 
The whole of the lands included within the limits just mentioned, 
were given absolutely to the company as property; before, a 
small portion only Avas thus granted. The limits also were 
enlarged in some directions, but were reduced toward the north ; 
two hundred miles from Point Comfort northwardly, would only 
reach to the fortieth degree of latitude, whereas the former grant 
extended to the forty-first degree. 

The territory between the fortieth and forty-first degrees, in 
which more than one half of the State of New Jersey was 
included, fell from the time of this grant, under the sole author- 
ity of the Northern Virginia, or Plymouth Company. Before 
this, both the Virginia companies had a claim within this 
extent. Hence, from the time of the second grant to the South- 
ern Company, the country which is here to be particularly 
noticed, belonged, in part to one company, and in part to the 



39 POSSESSION I?Y THF ENGLISH. 

other, the fortieth degrees of latitude being the line of division be- 
tween them. 9 

• Such was the situation of affairs when a new company of 
explorers made their appearance, as will be noticed in the ensuing 
chapter. 



'The extensive grant that had been made to tho Northern Company was re- 
duced by the positive limitation of the second patent to the Southern one, and 
thus by a loss and gain between the two bodies, the limit came to be fixed as is 
here mentioned. 



CHAPTER 111. 



THE DUTCH CLAIM. 



In the year 1609, Henry Hudson, a native of England, visited 
the American Continent with a view to the discovery of a north- 
west passage to the Indies. The discovery of a continent of 
almost measureless extent, and teeming with all the elements of 
wealth, had not lessened the desire of the people of Europe to reach 
and to share the riches of "the gorgeous East." To find a more 
direct passage to that region, was an object which continued to 
claim the attention and to excite the efforts of governments and of 
corporate bodies, as well as of private adventurers. Hudson had 
already been repeatedly engaged in these attempts. On his pre- 
sent voyage, he proceeded closely beside the American coast, and 
examined the appearance and direction of some of the principal 
streams. On the 28th of August he entered "a great Bay," the 
same to which the name Delaware was afterwards given. 1 But 
he did not explore the stream to any extent, finding it to promise 
but little in reference to the special object he had in view, and 
after a brief survey, he proceeded onward in a northwardly 
direction. On the 12th of September he entered a bay farther 
north, the Bay of New York, and discovered the river which still 
bears his name. After exploring this stream and holding some 
intercourse with the natives upon its shores, the commander 
descended and immediately put to sea, and proceeded to Europe. 2 



1 The next year after the voyage of Hudson, Lord Delaware touched at this 
bay on his passage to Virginia. It is probable that either he or some of his com- 
pany gave his name to the bay at that time, for about two years afterwards, in 
May, 1612, it was mentioned by the name of Delaware Bay, in a letter written 
by Captain Argal, from Virginia. The letter is given in Purchas. 

a It is to be observed that Hudson proceeded at first, from north to south, he 
afterwards changed his course and ran in an opposite direction. In the first part 
of his voyage — he made the land first in the latitude of fourly-four degrees, fifteen 
5 



34 THE DUTCH CLAIM. 

Very different statements are given by writers as to die par- 
ticular circumstances connected with this voyage. It is asserted 
by some that Hudson had been sent out with an English com- 
mission, but that he afterwards sold the country he had explored, 
together with all his maps and charts, to a foreign people, the 
Dutch. Others declare that he had been employed by the Dutch, 
at first. 

The question arising from these statements is not without im- 
portance. If Hudson had sailed with a commission from his own 
government, and was acting as an English subject, the benefit of 
his services must have accrued to his own sovereign. Under 
these circumstances, no sale to another people, had it been made, 
would have been of the slightest force ; it would only have been 
a transfer of that to which the vender had no right, and having 
none himself, none could have been conveyed to others. 

But in fact, though, Hudson had formerly been employed by a 
company of merchants in London, and had made two voyages of 
discovery on their behalf, he was not, at this time, in the English 
service. He had left his own country and entered into an engage- 
ment with a commercial company that had been formed in Hol- 
land, called the East India Company, and it was during his engage- 
ment with that body that the voyage now under notice was made. 

But another difficulty has here been started. Hudson, as 
already stated, was a native of England, and it has been con- 
tended by some, that he could not transfer his allegiance as a 
subject so far as to give an important claim, to a foreign people. 
But this objection is not well founded; it is opposed to the uniform 
usages of nations. According to these usages, when a discovery 
has been made under authority from any people or prince, the 
whole benefit has been claimed by the principal, without the least 
regard to the nativity, or the previous obligations, of the agent 
employed. Columbus was not a native of Spain; Cabot was not 



minutes, and there went on shore. The next land he discovered was Cape Cod, 
which he supposed to be an island, and called it New Holland. After that he 
reached " Dry Cape," or Cape Charles, not far from which the English had settled 
three years before. On his return he examined Delaware Bay, afterwards the 
Bay of New York, and Hudson River. 



THE DUTCH CLAIM. 35 

an Englishman, and Verrazano did not belong by birth to France. 
Yet the claims of these nations have never been disputed on that 
ground, and there is nothing in the present case to exclude it 
from the operation of the general rule. 3 

But, whilst it is allowed that the benefit accrueing from the 
voyage of Hudson belongs to the Dutch alone, an important 
question is still to be determined. The claim such as it is, must 
be conceded, yet this concession is of no weight in relation to the 
value of the claim itself. 

It may be that Hudson was the first to enter the Bay of Dela- 
ware, and to ascend the North River, it may be that the people 
with him were the first Europeans that ever set foot upon the 
shores of New Jersey, or New York, but this is by no means 
sufficient to determine the question of right to the territory. 4 



3 The only peculiarity in the present case is this, Hudson was not acting under 
the authority of government, but under the direction of a commercial company. 
Yet this company had been established upon a grant from its own government, 
and except so far as exclusive piiviledges had been given to this body, the claim 
that was acquired must be considered as a national one. 

4 There is reason to believe that Hudson was not really the first to visit the 
country within the limits of New York. These (speaking of the French with 
Verrazano) were probably the first European feet that ever trod upon any part 
of the territory now included within the State of York. — Millers Discourse. 

The first house erected and the first soil cultivated by any Europeans within 
the limits of New York, and indeed the first particular examination of any part 
of New England, were by Bartholomew Gosnold, one year before the death of 
Queen Elizabeth, one hundred and ninety-five years afterwards, in 1797, Dr. 
Belknap discovered the cellar of the house that had been built by Gosnold on one 
of the Elizabeth Islands, and some vestiges of it were found by a party of gentle- 
men who recently visited the spot. — Yates and Munlton. 

In reference to the South River and the country upon it, it has also been said, 
" That there was of very early and ancient times, the beginning whereof is not 
known, a settlement and plantation on the Delaware, made, planted, and in- 
habited by the Swedish nation and afterwards held and inhabited in the year 
one thoasand six hundred and nine, and for many years afterwards by christians 
under the dominion of the States General of Holland."'— Bill in Chincery by the 
Penns, against Lord Baltimore, 1735. 

It is also said that this place was visited before the advent of Hudson, by Sir 
Walter Raleigh. The Baron De la War, Sir Thomas Dale, and Sir Samuel 
Argal. But most of these statements are erroneous, and others are merely con- 
jectural. It is not known that the country up n the Delaware, had ever been 
visited by Europeans before the coming of Hudson ; but it is thought probable 
that Verrazano had touched upon the northern part of the shore of New Jersey. 



36 THE DUTCH CLAIM. 

The territory in question formed but a part of the country 
originally discovered and claimed by Cabot on behalf of the 
British crown. No country can be twice discovered, unless 
history should fail; the annals of an age or a people may perish, 
and thus the particulars that mark the nature of a claim, and even 
the claim itself, may be utterly lost from the knowledge of men. 
Then, in succeeding times, an entirely new claim may again arise 
and be successfully maintained. 

It is conjectured that the Northmen had visited the shores of 
America long prior to the advent of Columbus and Cabot, but the 
fact, if fact it be, is only sustained by a faint tradition which 
modern nations have ceased to regard. 

But such was not the case with the British discovery ; it con- 
tinued to be known, and it was fully known to the Dutch at the 
time of the voyage of Hudson. 

But the claims of Hudson as a discoverer have sometimes been 
urged upon a different ground. According to the regulations of 
European law, it is said, the discoverer of the mouth of the stream 
acquires a right to the territory connected with such stream and 
its branches, and hence, that the country upon the Delaware, and 
the Hudson, in accordance with the rule in question, would belong 
to the Dutch. 

The regulation is acknowledged, but it does not apply to the 
case. It will only apply where there has been a real, original 
discovery, where the coast, and the country connected with the 
stream have before been unknown. 5 It cannot be supposed that 
the discovery of the outlet of a stream would give a right to the 
territory along its entire extent, although such territory had been 
known and claimed before. This would be unjust and indeed 
absurd. The regulations of European law give no support to 
such a pretence. 

But another point is still to be noticed. It may be supposed 
that so long a period had passed from the time of the original 
discovery by Cabot, that the claim of the English had lapsed, and 
in consequence that though the claim of the Dutch as discoverers 



» See p. 14. 



THE DUTCH CLAIM. 37 

should not be allowed, they yet might come in and acquire a right 
from occupation and use. 

The duration of a claim from discovery has already been 
sufficiently considered. 6 

But, at this time, the rights of the English to this part of the 
American continent did not rest upon discovery alone, there had 
been actual appropriation and possession. Portions of territory 
had been granted at different times by the English sovereign, to 
certain individuals or bodies, and these grants had been made by 
formal conveyances, describing the situation and extent of the 
lands so as to fix their place and extent. In this manner the very 
portion of country that was visited by Hudson had been granted 
and conveyed. Most of it indeed had been repeatedly granted. 
Not to mention the ill defined conveyance to Sir Humphrey 
Gilbert, it had been given to Sir Walter Raleigh as a part of 
Virginia; afterwards to the North and South Virginia Company, 
and was divided between them as already described, and finally, 
only a few months before the visit of Hudson, 7 a second grant 
had been made to the South Virginia Company, and in this, the 
precise spot was included which seems to have been regarded as 
the starting point of the Dutch possessions. 9 Upon the territory 
which had thus been granted, English emigrants had actually 
settled, and were then in possession. The possession indeed was 
not such as that every part of the territory was taken up ; nor 
was this necessary. "A country," says a learned authority, "is 
taken possession of either in the lump or by parts. But if in a 
country possessed in the lump, any thing remains unassigned to 
private persons, it ought not therefore to be accounted vacant, for 
it still belongs to him who first took possession of that country, 
whether king or people, such as rivers, lakes, ponds, forest, and 
uncultivated mountains." 9 Portions of territory not really occu- 



6 See p. 18. 
1 The second patent was given to the South Virginia Company on the 23d of 
May, 1009. 

8 The Bay of the South River, (or Delaware,) was the first place of which the 
Men of the Half Moon took possession, before any christian had been there. — 
Vancler Donck. 

"Grotius. 



38 THE DUTCH CLAIM. 

pied, will thus be subject to the right of ownership as well as the 
particular pails that are actually possessed ; the same right will 
exist throughout the whole extent. 10 In the instance under notice 
the right of possession extended over the whole of the country that 
had been entered upon in pursuance of grants from the English 
sovereign, and was equally good throughout these limits ; it was 
equally good on the Delaware as on the James River. 

No formal claim to the country that had been examined by 
Hudson, was preferred at the time, either by the Dutch East 
India Company, or by the Government of Holland. But it was 
not long before the country was again visited. At this time 
the people of the Low Countries had but just emerged from a 
struggle in which they had waged a successful war with one of 
the oldest kingdoms of Europe. They were left with their 
liberty, but with little beside. Their necessities as well as their 
maritime situation disposed them to commercial pursuits. No 
opportunity was to be neglected for extending the trade of the 
country, and the enterprize of Hudson was supposed to have 
opened a field which they were ready and eager to enter. 

The furs which had hitherto been procured from remoter 
countries, and which formed a coveted article of trade, had been 
found in the new lands, and might be cheaply obtained from the 
simple natives. 

The very next year after the voyage of Hudson, a vessel was 
sent out by some merchants of Amsterdam freighted with a 
variety of goods, in order that a traffic might be opened with the 
native tribes. 

The success of this adventure was such as to give encourage- 
ment to further attempts, and in the following year application 
was made to the States General, and licenses were granted to two 
ships, which afterwards proceeded to the Bay of New York." 



10 But under a claim from possession a vague demand may not be made extend- 
ing over territory not defined by ascertained limits. In the absence of a positive 
grant from a superior, it will be confined within such bounds as the actual 
knowledge and efforts of the possessors themselves have enabled them to lay 
clown within these limits, it will be good in so far as it is goud at all. 

" O'Callaghan, New Netherland, p. 68. 



THE DUTCH CLAIM. 39 

'I 'lie prospect of advantage that was opened led to the adoption of 
measures to secure the trade of the country. Petitions were pre- 
sented to the States General praying that exclusive privileges 
might be secured to the discoverers and explorers of new lands. 
Accordingly, on the 27th of March, 1614, an edict was issued by 
"The States General of the United Netherlands," by which all 
and every of the inhabitants of the United Netherlands who 
should discover any courses, havens, countries, or places, should 
have the exclusive right to frequent there, for four voyages ; all 
other persons being prohibited on pain of confiscation of ships 
and goods, and a fine of fifty thousand Netherland ducats. 

Under the protection promised by this ordinance, a number of 
merchants fitted out and despatched five ships, which were under 
the direction of Adriaen Block, Hendrick Corstiaensen, and Cor- 
nells Jacobsen Mey. 

In the course of their voyage, these navigators examined a 
portion of the American coast with a good degree of exactness 
and care. Block and Corstiaensen explored the whole extent 
from Massachusetts Bay to the Hudson River. Mey extended 
his researches to the south, he examined the shores of Long 
Island, and afterwards reached the Delaware Bay, to one of the 
capes of which his own name has been given, and which it 
continues to bear. 

Block and Mey appear to have returned directly to Holland to 
render an account of their discoveries, and to aid in securing in a 
proper manner, the advantages of exclusive trade. The company 
by whom they had been employed, caused a full report of the 
voyages, with a map of the countries that had been explored, to 
be laid before the States General, with an application for the 
priviledges allowed in the late edict of the State, to all discoverers. 
Accordingly, on the 11th of October, 1614, a special grant was 
made in favor of the company. 12 They were to have the exclu- 
sive right to visit and navigate the described lands "situate in 
America between New France and Virginia, the sea coasts of 



11 The persons belonging lo this company were particularly named. See 
O'Calaghan, p. 7 J. 



40 THE DUTCH CLAIM. 

which lie between the fortieth and the forty-firth degrees of lati- 
tude, and which are now named New Netiierland." 13 But the 
privilege thus given was limited to four voyages, to lie performed 
within the space of three years. The company to whom this 
grant was made assumed the name of " The United New 
Netherland Company." 

Commander Corstiaensen, who with his people, had remained 
in the country, 14 proceeded to make the arrangements that were 
required, in order that the advantages expected from the present 
attempt might be fully secured. A place was to be chosen for a 
settlement. Advancing up the Hudson, they arrived at an island 
which they supposed to be advantageously situated for their pur- 
pose, being so far up the stream as to bring them a sufficient 
distance within the country, and yet was not difficult of access 
from without. Here their first essay was made ; a rude fortifica- 
tion was erected, to which they gave the name of Fort Orange ; it 
was encircled with a moat and defended by several pieces of 
cannon. But the entire company did not long remain at this 
place, it is possible indeed, that the whole number may never 
have gone there. Previous adventurers had erected some slight 
defences near the mouth of the stream on the Island of Manhattan, 
and this circumstance, together with the manifest advantages of 
the position, invited to farther improvements. Here a fort was 
erected, and this place became the principal point of business and 
intercourse. The Avork here erected was called Fort Amsterdam. 



13 The limits as here given are not correct, probably the points of latitude had 
not been fully determined, or the precise extent to be secured, or that was 
afterwards claimed, had not been fully examined. It is elsewhere said that this 
country, the New Netherlands, begins north of the Equinoctial line thirty-eight 
degrees fifty-three minutes, and extends north-easterly along the sea coast to the 
latitude of forty-two degrees. We may safely say that we do not know how 
deep or how far we extend inward. — Van der T)onck. 

" The statements here given as to the return of Block and Mey and the stay of 
their associate, is founded entirely upon a comparison ot the several circum- 
stances attending the enterprize. No distinct authority can be referred to. Cor- 
stiaensen was in the country at a period which almost forbids the supposition that 
he had returned to Holland, and again come back. 1 luring this period, no men- 
tion is made of either Block or Mey and the presence of the former and the 
absence of the two latter are hence interred. 



THE DUTCH CLAIM. 41 

In the following year, as it is stated, a small redoubt was thrown 
up on the opposite bank of the Hudson, within the limits of the 
present State of New Jersey. 15 

The immediate object in view in the undertaking directed by 
Corstiaensen, was the prosecution of traffic with the native tribes ; 
the settlement was strictly a trading establishment. 

Yet even this could not be properly conducted without order 
and government. The principal direction of affairs at first, fell 
into the hands of Corstiaensen himself, he being installed as Upper 
Hoofdt or Chief Commander. Next in dignity was Jacques 
Elckens, who performed the duties of Principal Commissary, and 
also acted as occasion required, as Deputy Commandant. 16 

The New Netherland Company continued to forward 6hips to 
the Island of Manhattan, and the settlement at that place gradually 
increased in extent and in strength ; dwellings were erected around 
the fort, and the entire settlement received the name of New 
Amsterdam. 

The officers to whom the management .of the colony was 
entrusted, worthily performed the duties of their trust. They 
directed the manifold details of business, and preserved the settle- 
ment in peace. Their wisdom was especially manifested in the 
measures they adopted toward the neighboring Indian tribes. 
They concluded a treaty of alliance and peace with the great 
Five Nation Confederacy, and by this step, a danger the most to 
be dreaded by the colonists, was warded off, and at the same 
time, the necessary facilities for the prosecution of trade were 
preserved and secured. The treaty with the natives was con- 
cluded on the most formal manner, and it is supposed that the 
Delaware or Lenape tribes were also present and assumed a 
peculiar character, at this solemnization. 17 

After a period, some attempts appear to have been made to- 
ward a farther extension of the colony; it is asserted that between 
the years 1617 and 1620, settlements were made at Bergen, in 
New Jersey, in the neighborhood of the Esopus Indians, and also 
at Schenectady. 1S These early advantages and advances seemed 
to open the way to future success. 

"Gordon, p. 0. 16 Moulton. "Gordon, p. 7. 1= Gordon, p. 7. 

6 



42 THE DUTCH CLAIM. 

But there were other circumstances of a different, and fiome of 
a threatening character; the course of the colonists was not to be 
one of steady prosperity. There was that in the nature of their 
claim to the country which rendered them liable to danger or 
difficulty, and difficulty from this source, was quickly experienced. 

Scarcely had the Dutch become seated at Manhattan, before 
they were visited by a company of English. This body was 
under the direction of Captain Argal, of Virginia; he had been on 
a voyage to the north, and in his progress, had attacked and dis- 
persed a company of French, who had settled at Port Royal, in 
Acadia. Argal was probably prepared for a similar attempt upon 
the Dutch, had any resistance been offered. He told the " pre- 
tended Dutch Governor," that he had a commission to expel 
him and all "alien intruders" on his majesty's dominion and 
territories. Corstiaensen was forced to submit himself and his 
plantation to the King of England, and to the Governor of 
Virginia, for, and under him. He also agreed to the payment of 
an annual tribute as an acknowledgement of the English title, 
but this agreement, as will hereafter be seen, was not adhered to 
by the Dutch. 19 Opposition to the claims of the Dutch was also 
manifested on other occasions, though not in a manner so decisive 
as that exhibited in the movements of Argal. 

At this time the Northern Virginia or Plymouth Company 
appeared, to revive their claim. To this company the greater part 
of the country embraced in New Netherland had belonged, before 



" Plantagonet's New Albion, Heylin's Cosmography, O'Callaghan's New 
Ncfherland. 

Scarcely any event in our early history has given rise to more discussion 
than the visit of Captain Argal to the Dutch settlement. The occurrence 
itself has been questioned by some, on the ground that nothing appears concern- 
ing it in the records of the Virginia colony, whilst the attack upon the French is 
repeatedly mentioned. But this negative circumstance cannot be admitted as of 
any weight when opposed by positive evidence. The time of the visit has also been 
variously stated, and highly respectable authorities place it so early as 1613. It 
is certain that from 1610 to 1613, the country was frequently visited by Dutch 
navigators, and there is reason to suppose that the principal trading station was 
on the Island of Manhattan. But there is nothing to show that there was any- 
thing like a permanent establishment, and still less that there was any officer who 
could with any propriety, be called a " Dutch Governor," prior to 1611, when 
Corstiaensen established himself, and erected Fort Amsterdam. 



THE DUTCH CLAIM. 43 

the coming of the Dutch, and this claim had never been relin- 
quished. The Plymouth Company had been less successful than 
its Southern rival ; different attempts had been made to establish 
settlements in the country granted in their charter, but all had 
finally failed. But at this time an entirely new patent was 
granted by the king. 20 It was given to the Duke of Lennox, Sir 
Ferdinando Gorges, and others, forming an association under the 
name of "The Council established at Plymouth, in the county of 
Devon, for the planting, ordering, and governing of New England, 
in America." To this company was given "all that circuit, con- 
tinent, precincts, and limits in America from the fortieth to the 
forty-eighth degree of northernly latitude." This grant was 
made without the least regard to the presence of the Dutch, al- 
though it included the whole of their settlements, and nearly 
the whole of the country they claimed. 

Almost at the very time of the execution of the grant above 
mentioned, a company of persons took possession of a portion of 
country embraced therein. This was a body of English Puri- 
tans. Persecuted in their own country on account of their reli- 
gious belief, they had fled to Holland, where a greater degree 
of liberty was allowed. But there they were not content, and 
their minds at length were turned toward a new land, where 
they supposed they might escape from the corruptions of the 
ancient world, and be at liberty to enjoy, and also to pro- 
pogate, the faith they professed. A proposal was made by the 
Dutch among whom they resided, that they should settle in the 
province of New Netherland, but this offer was declined by the 
English unless it could be taken with a condition, reserving the 
rights of their own nation, to the lands they should occupy. At 
length they procured a patent from the South Virginia or London 
Company. Their voyage to America was one of peril, and they 
had finally been compelled to land upon part of the coast far dis- 
tant from their point of destination, and Avhere the patent they held 
would be useless and void. But they resolved to remain, and on 
the 20lh of December, 1620, they began to erect dwellings at a 



30 Dated in November, 1620. 



44 THE DUTCH CLAIM. 

place they called Plymouth. Fortunately for these settlers, their 
friends soon afterwards procured for them a second charter by 
which they were allowed to possess and enjoy a portion of ter- 
ritory connected with their settlement, under the authority of the 
great New England Company. 

The observer will perceive that in these movements the territory 
of New Netherland had not only been conveyed by a grant from 
the English sovereign, but that a company of Englishmen had 
actually entered within its limits, and taken possession. 

The New Netherland Company were also informed, as is stated 
in a memorial they presented to the government, that His Britannic 
Majesty was inclined to people the aforesaid lands with English- 
men; to destroy the petitioner's possessions and discoveries, and 
to deprive the State of its right to these lands. 21 

Nor was this questioning of title the only circumstance that 
occurred, unfavorable to the advancement of New Netherland. 
The charter of exclusive privileges that had been granted to the 
New Netherland Company, had expired by its own limitation, and 
the government refused to grant a renewal. Special, licenses were 
given to applicants from year to year, and an intercourse with 
the colony was thus kept up ; but without the prospect of perma- 
nent benefit there was little to induce to farther improvement. 

The benefits of trade were opened to a larger number, but the 
colony began to languish for want of special and steady support. 

The danger and loss which might be apprehended from the 
several causes that have just been mentioned, may have hastened 
a project which at this time was meditated in Holland for forming 
a new and more extended company. At this period the general 
interests of the country Avere in jeopardy. The twelve years 
truce which had been concluded with Spain was near its termina- 
tion, and hostilities might be expected to ensue. Trade was 
embarrassed too, from the multitude of pirates ; they swarmed on 
every sea, and were so vigilant and active that it was by no means 
easy to escape their grasp. Hence, a concentration of mercantile 



11 O'Callaghan, p 84. It is stated that Argall, with a number of planter? 
were preparing to settlo on the Hudson at this time. — Mason's Letter. 



THE DUTCH CLAIM. 45 

energy and wealth was proposed, as a means of aiding the country 
and defending commerce, and also of extending colonial interests. 

The plan being finally matured, a charter was granted by their 
High Mightinesses, the States General, on the third of June, 1621; 
the new body taking the name and title of "The West India Com- 
pany." This association may properly be considered as a 
national body, the objects contemplated in its formation not being 
such as i-elated exclusively to any local or corporate interest ; to 
contribute aid and support to the republic was an important, if not 
a principal part of the design. Hence, beside the grant of an 
ample charter, the States General became bound to the support 
of the company, engaging to maintain and strengthen it "with all 
our help, favor and assistance, as far as the present state and 
condition of this country will admit." The States also became 
parties by direct participation, entering the company as members, 
and in like manner as other members, advancing a portion of 
funds, and sharing in the profit and loss. 

The charter of the company provided, that for a period of 
twenty-four years, no natives or inhabitants of these countries, 
unless in the name or by permission of this United Company 
of these United Netherlands should sail or traffic to, or on the 
coast and countries of Africa, from the Tropic of Cancer to the 
Cape of Good Hope; nor in the countries of America, or the 
West Indies, beginning at the south end of Terra Nova by the 
Streights of Magellan la Maire, or any other streights or passages 
thereabouts, to the streights of Anian, as well on the North Sea 
as the South Sea, nor on any islands situate on the one side or 
the other, or between both; nor in the western or southern 
countries between both the meridians, from the Cape of Good 
Hope, in the east, to the end of New Guinea, in the west inclu- 
sive ; and whoever should presume to sail or traffic in any of these 
places, within the aforesaid limits granted to this company, should 
forfeit the ships and goods there found for sale, which being 
actually seized by the company, should be kept for their own 
benefit. 

The company were authorized in their operations in distant 
countries, to enter into contracts and alliances with the princes 
and natives of the land, and they were obligated to advance the 



40 THE DUTCH CLAIM. 

settlement of their possessions, encourage, population, and do every 
thing that might promote the interest of those fertile countries and 
the increase of trade. They were also empowered for the pur- 
pose of protecting their trade and possessions, to erect and garrison 
forts and fortifications. They might distribute justice, preserve 
order, maintain police, and administer the general, civil, and 
military government of their transmarine affairs. They might 
appoint a governor in chief, or director general, commanders, and 
all officers, civil, military, judicial, and executive, who should take 
an oath of allegiance to the States, as well as to the company. 
But having chosen a Governor in Chief, and prepared his instruc- 
tions, he was to be commissioned, and his instructions approved 
by the States. 

The company were empowered to negotiate in peace, or war, 
though in case of war, the approval of the States must be given. 
When engaged in actual hostilities, the States were to give assis- 
tance with sixteen ships of war, and four yatchs, to be supported 
at the expense of the company, and to be commanded by an 
officer appointed by the joint consent of the company and the 
States. But the company were required to furnish unconditionally 
sixteen ships, and fourteen yatchs, which were designed " for 
the defence of trade and all exploits of war." The States Gene- 
ral contributed one million of guilders to the funds. 22 

The government of the West India Company itself, was vested 
in a number of Directors, who were distributed into several 
separate Chambers or Departments ; the Chamber of Amster- 
dam being the principal one. Each one of these held under its 
control a certain proportion of the stock or funds, and operated 
within a particular sphere. A central body consisting of nineteen 
members was intrusted with the superintendance of all the general 
interests and movements of the company. 

Considered as a means of strengthening the government, and of 
protecting and advancing commerce, the charter of the West India 
Company may have been properly devised. But nothing could 
be more defective as an instrument for the promotion of colonial 



-- Hazard's Collections — Moulton's New York. 



THE DUTCH CLAIM. 47 

interests. It gave no security whatever to settlers. The whole 
authority of government was entrusted to the company without 
any restrictions ; and the government of mercantile companies is 
seldom either liberal in character, or liberally administered. 
Such companies are apt to consider political authority, merely as 
an instrument of securing pecuniary benefit, and no greater con- 
cessions will be made to the governed, than may seem to be 
entirely consistent with the principal object in view. 

The West India Association did not immediately commence 
operations under their charter, but during the interval, increasing 
activity began to be manifested, and a report was spread that 
preparations were making for sending a number of vessels to 
New Nctherland. These circumstances excited the jealousy of 
the New England Company anew. In December, 1621, the Earl of 
Arundel, Sir Fcrdinando Gorges, and others of that body, pre- 
pared a remonstrance which they presented to the King, (James I.) 
complaining of the proceedings of the Dutch. In consequence, 
his majesty ordered, that Sir Dudley Carleton, his Embassador 
in Holland, should be instructed to make a proper representation 
to the States General, upon the subject. The Privy Council 
gave him instructions accordingly. They stated that his majesty's 
royal predecessors had, many years since, taken possession of the 
whole precinct, and inhabited some parts of the North of Virginia, 
now called New England, all of which countries his present majes- 
ty had in like manner granted unto particular persons ; neverthe- 
less, that the Hollanders had entered upon some parts thereof, and 
left a colony, and had given new names to several ports and places, 
and that they were now in readiness to send several ships there ; 
whereof his majesty being advised, he had given his royal com- 
mand that the Embassador should represent these things unto the 
States General in his majesty's name, he,jureprimse occupationis, 
having a good and sufficient title to those parts, and that those 
ships should not be allowed to proceed, or any further attempts 
be made for the settlement of colonies. 

In obedience to orders, the Embassador demanded an audience 
of the States General, and presented a memorial upon the subject. 
The Dutch Government professed not to be in possession of the 



THE DUTCH CLAIM. 

fuels of the case, and upon being again applied to, a direction was 
given, that application should he made for information to those 
who were concerned in the trade to New Netherlands 3 

Finally, as it is stated by most authorities, the Dutch Embas- 
sador in England, disavowed on the part of his government, all 
concern in the acts that had been complained of. 24 



- 3 CVCallaghan, p. 97. 
21 See Captain Mason's letter relative to the Dutch in New Nelherlantl, dated 
April 2d, 163-2. 



CHAPTER IV. 



NEW NETHERLAND, 



One of the first attempts of the West India Company, was 
designed to give aid and support to the settlement in New Nether- 
land. The territory was formally erected into a province to be 
known and distinguished by certain armorial insignia. 1 The 
management of its affairs was assigned to the Chamber of Am- 
sterdam, this department having the direction of four-ninth parts 
of the whole stock of the company. 2 In the year 1623 an expe- 
dition was sent out under the direction of Cornells Jacobson Mey, 
and Adriaen Jorisz ; they were accompanied by a number of 
settlers, and were provided with articles for trade with the natives. 
Mey, the principal in command, had visited the country before ; 
he now touched at the post upon the Island of Manhattan, but 
soon afterwards proceeded onward to the South, or Delaware 
River, where he designed to establish a settlement. He ascended 
the stream for several leagues, and selected a spot on the eastern 
bank, at a place called Techaacho, by the natives. It was near 
the mouth of the Sassackon, the most northerly branch of a 
stream, which afterwards came to be known by the names of 
Gloucester River, and Timber Creek. 3 A work was erected here, 
which received the name of Fort Nassau, and the erection of this 
fort was the primary effort of civilized man upon the shores of the 
Delaware, with any view to actual occupation. 4 



1 O'Callaghan, p. 99. 
Agreement between the managers and principal adventurers of the West 
India Company. 

3 Mickle's Reminiscences, p. 3. 
4 About the year 1C16, Capt. Hendrickson had sailed up the Delaware as far as 
to the mouth of the Schuylkill, but no attempt was made to efl'ect a settlement by 
him or by any others, prior to the present visit of Mey. 
7 



50 NEW NETHERLAND. 

The prosecution of trade with the natives was the immediate aim 
of the present undertaking, and for this purpose a body of men 
remained at the post; but history is almost silent as to their further 
proceedings, and also as to the subsequent movements of the 
Commander, Mey. In a sort of legendary way, the information 
is conveyed, that he succeeded in opening an intercourse with 
the native tribes, and that the communication between them was 
such, as to give rise to feelings of confidence and kindness. 

Either under the direction of Mey, or of the officers in the 
province at the time of his coming, another station was erected, 
nearly at this period, on the North, or Hudson River. 

In 1624, the Amsterdam Department sent out two ships to the 
colony, amply provided with stores. A Governor, or Director in 
Chief, was also appointed. The person selected for this office 
was Peter Minuet, a native of Wesel, in the kingdom of West- 
phalia ; and in one of the ships just mentioned, he arrived in the 
province. It would appear that the authority of Corstiaensen, the 
first commandant in the country, had ceased with the dissolution 
of the company under which he had acted, but Elckens, his 
lieutenant, had continued in office under the direction of the West 
India Company ; this latter officer however, was superseded upon 
the appointment and arrival of the new Director. The coming of 
the Governor, and the accession to the number of settlers which 
then occurred, gave an appearance of stability and strength to the 
settlement. 5 

In the government of the province, the general course of affairs 
was carried on in accordance with instructions given to the officers 
by the Amsterdam Department. The Governor, with the other 
officers, forming a council, constituted the executive and legislative 



• There arrived will) Director Minuet, a number of persons known by the name 
of Walloons. They were natives of the country which formed the frontier 
between Belgium and France, and had formerly applied to Sir Dudley Carleton, 
the English Embassador at the Hague, for leave to settle in Virginia. The ap- 
plication was referred to the Virginia Company, but the conditions that were 
offered by this company ttot being approved, the attention of the applicants was 
turned to New Netherland. Of those who came with Director Minuet, a number 
settled on Staten Island, but afterwards removed to Long Island, and to a place 
called the Wahle-Botch, since corrupted into Wallaboat. O'Callaghan, p. 101. 



XF.W NETHERLAND. 51 

authority, and were also the sole judicial tribunal. The duties of 
the Governor were somewhat varied in character, he having the 
chief control in all military, as well as civil and criminal affairs, and 
also a general superintendence in matters of trade. But his military 
duties could hardly have been onerous ; the garrison at the dif- 
ferent forts consisted of scarcely more than a sergeant and his 
guard, and even these had but little exercise in their proper voca- 
tion. The colony was secured from danger by the alliance which 
had formerly been concluded with the native tribes, and which 
yet continued to be faithfully observed. Nor was the business of 
a civil nature of much extent. There was no extensive range of 
aims or employments, and of consequence, but few occasions 
occurred requiring an exercise of formal authority. The action 
of government was nearly limited to a single object, the prosecu- 
tion and management of trade. 

The other officers of the province were those who had the im- 
mediate direction of mercantile affairs. The first of these, next 
to the Governor, was the Opper Koopman or Upper Merchant. 6 
He performed the duties of principal Commissary, and also of 
Book-Keeper or Clerk, and the first individual invested with these 
offices was Isaac de Rasier, a person who is represented as having 
been active and faithful in office, and who was also commended 
for his "fair and genteel behaviour." 7 

The administration of Governor Minuet was highly successful, 
at least for a time. A title for lands was acquired from the natives, 
by treaty or purchase. The Island of Manhattan, which before 
had been held through favor, was obtained by purchase for the 
sum of sixty guilders. 8 The works at this place were extended, 
the fort was greatly enlarged, and its former name was confirmed. 
Here was the capital of New Netherland. 

The trade of the province was also prosperous. The articles 
exported from the colony, even in the first year, exceeded in 
value the amount of the imports, and in four years the trade had 
increased one-half, and the revenue derived from the country was 
greater than the expenditure, fully one-third. 



c Moulton's New York. 7 Bradford"* Correspondence. 

* Twentv-four dollars, 



52 NEW NETHERLANP. 

Only a single occurrence of an adverse or disturbing character 
took place at this period. Upon the passage of some ships to the 
colony, one of them touched at Plymouth, in England, and was 
there detained. Her captain was ordered to London to appear 
before the Lords of the Privy Council, inasmuch as the place in 
America for which he was bound, was claimed to be comprehended 
in the grant made by his Britannic Majesty to divers of his 
subjects. 

This arrest was of far less consequence from its immediate 
effects, than from the disposition it manifested ou the part of the 
English, to maintain their claims to the country of New Nether- 
land. But no farther demonstration was made at the time. 

At an early period, a new channel of trade was opened by 
Director Minuet, by the establishment of an intercourse with the 
English colony at Plymouth. These settlers were the same that 
have already been mentioned as having passed over from Holland, 
and became established at Plymouth, under a charter which had 
been finally obtained from the great New England Company. 

The English and the Dutch had remained in the country with 
scarcely more knowledge of each other than they had been able 
to acquire from the natives, who were in intercourse with both. 
A more direct communication was now attempted by the people 
of New Netherland. Letters were sent to the Governor of New 
Plymouth, written by Isaac de Rasier, from Manhattas, in Fort 
Amsterdam. 9 The writer, on behalf of the authorities of the 
province, congratulated the English colonists on account of their 
settlement in the country, and their prosperous condition, made a 
proposal for the maintainance of friendly intercourse, and an offer 
to engage to trade. 

To this overture the English soon afterwards returned a lengthy 
reply. It was made in the name of " the Governor and Council 
of Plymouth, in New England," and was expressed in terms 
sufficiently courteous. They professed a desire to live in amity, 
and a willingness to engage in traffic, but they took occasion 
to intimate, and that with some plainness, that they did not 



8 Dated March 12th. 1G27, N. S. 



NEW NETHERLAND. 53 

consider the claim of their neighbors to the country of New 
Netherland, to be entirely valid and sound. 10 They also re- 
quired that the Dutch should refrain from trading with the natives, 



lC ' The answer of Governor Bradford and his Council. Dated March 19th, 1627. 
" To the Honorable and Worshipful, the Director and Council of New Netherland. 
our very loving friends and neighbours. 

" The Governor and Council of Plymouth, in New England, wish your Honours 
and Worships all happiness and prosperity in this life, and eternal rest and glory 
with Christ Jesus our Lord, in the world to come. 

" We have received your letters, wherein appeareth your good will and friend- 
ship towards us, but is expressed with over high titles, and more than belongs to 
us, or than is meet for us to receive ; but for your good will and congratulation 
of our prosperity in this small beginning of our poor colony, we are much bound 
unto you, and with many thanks do acknowledge the same, taking it both for a 
great honor done unto us, and for a certain testimony of your love and good 
neighbourhood. Now these are further to give your Honours, Worships and 
Wisdoms to understand, that it is to us no small joy to hear that it hath pleased 
God to move his majesty's heart, not only to confirm that ancient amity, alliance, 
and friendship, and other contracts formerly made and ratified by his predecessors 
of famous memory, but hath himself (as you say) and we likewise have been in- 
formed, strengthened the same with a new union, the better to resist the pride of 
that common enemy, the Spaniards, from whose cruelty the Lord keep us both, 
and our native countries. Now for us, this is sufficient to unite us together in 
love and good neighbourhood in all our dealings, yet many of us are tied by the 
good and courteous entreaty which we have found in your country, having lived 
there many years, with freedom and good content, as many of our friends do to 
this day, for which we are bound to be thankful, and our children after us, and 
shall never forget the same, but shall heartily desire your good and prosperity as 
our own, forever. Likewise, for your friendly proposition and offer to accom- 
modate and help us with any commodities or merchandize which you have, and 
we want, either for beaver, otter, or other wares, it is very acceptable to us, and 
we do not doubt but in a short time, we may have profitable trade and commerce 
together. But you will please to understand that we are but one particular colony 
or plantation in this land, there being divers others besides unto whom it hath 
pleased those Honorable Lords of his Majesty's Council for New England, to 
grant the like commission and ample privileges to them (as to us) for their better 
profit and subsistence, namely, to expulse or make prize of any, either strangers 
or other English, which shall attempt either to trade or plant within their limits 
(without their special license and commission) which extends to forty degrees. 
Yet for our parts we shall not go about to molest or trouble you in any thing, but 
continue all good neighbourhood and correspondence as far as we may; only we 
desire that you would forbear to trade with the natives in this Bay and River of 
Naragansett, and Sowames, which is, as it were, at our doors The which if you 
do [if you do this forbear] we think, also, no other English will go about any way 
to trouble or hinder you which otherwise are resolved to solicit his majesty for 
redress, if otherwise they cannot help themselves." 1 



54 NEW NETHERLAKD. 

within certain specified bounds. The Dutch made a firm though 
moderate reply; they insisted upon their rights to the country, and 
to perfect freedom of trade therein, and declared that they would 
maintain their claim. 

Some time afterwards, De Easier, the principal Merchant and 
Clerk, was sent from the New Netherlands to the English settle- 
ment, for the purpose of securing a better understanding, and 
concluding a more perfect agreement. He was honorably received 
and entertained at Plymouth, and a letter was written acknowledg- 
ing his visit, and expressing satisfaction with his course and 
demeanour. This letter was similar in its general tenor to the 
former communication sent by the English ; they repeated the 
same friendly expressions, but also adverted again to the subject 
of title. "We desire," they say to the Dutch, "that ye would 
take into your wise and honorable considerations that which we 
conceive may be a means of much future evil, if not prevented, 
namely, that you clear the title of your planting in these parts, 
which his majesty hath by patent granted to divers of his nobles 
and subjects of quality; lest it be a bone of division in these stir- 
ring evil times, which God forbid. We persuade ourselves that 
now may be easily and seasonably done, which will be harder 
and with more difficulty obtained hereafter, and perhaps not with- 
out blows." 

This correspondence exhibits fully the relative position and 
claims of the English and the Dutch ; both insisted upon a right to 
the same portion of country, and to freedom of trade therein. Such 
a condition of things distinctly foreshowed a collision in future, 
though for the present, peace was preserved. By a sort of tacit 
agreement, the discussion of the respective rights of the parties, 
was dropped for the time, they deeming the determination of the 
matter in question, to be of less importance to their present pros- 
perity, than the maintenance of peace, and harmonious intercourse. 

It was a part of the business of the West India Company to 
advance the settlement and population of the countries which they 
should come to possess. But nothing of consequence had yet been 
done in New Netherland for the attainment of such a purpose. The 
spirit of trade and commerce had directed the operations of the 
company, and little had been attempted that did not promise to give 



NHV NETHERLAND. ;),) 

a return in actual prolit. No efforts had been made for the pur- 
pose of extending the sphere of enjoyment or action. Lands had 
not been granted to settlers, or any encouragement given to in- 
dividual effort. Most of the colonists were engaged in the ser- 
vice, and were under the entire control of the company. The 
country was still a wilderness. 

These considerations had been brought at different times to the 
notice and attention of the company, and it was finally resolved 
that measures should be adopted for the planting of colonies. In 
pursuance of this purpose, a system of operations was projected 
embracing provisions for peopling and planting the lands within the 
New Netherlands, and securing the liberties and privileges of 
settlers. 

The Assembly of Nineteen granted an instrument prescribing 
and explaining the particular course of proceeding. This instru- 
ment was termed "A Charter of Liberties and Exemptions for 
Patroons, Masters, and private individuals, who should plant 
colonies in New Netherlands, or import thither any neat cattle. 11 
It provided that members of the company inclined to settle any 
colony, might send out persons in the ships of the company, to 
inspect the state of the province, and to select lands or settlements 
upon compliance with certain prescribed conditions and terms. 
Members first applying were to be preferred. All persons were 
to be acknowledged Patroons of New Netherland, who should, 
within four years after giving notice to any of the Chambers, or 
to the Governor and Council in the province, undertake to settle 
a colony of fifty souls, upwards of fifteen years old. From the 
time any persons should make known the situation of places 
chosen, they should be allowed a title, in preference to all others, 
but afterwards might make a different selection, by consent of 
the Governor and Council. 

The Patroons might take up for each settlement, an extent of 
four miles (sixteen English miles) along a shore, or half that 
distance on each side of a river, and extending inland as far as 
they might need, and they might enlarge their limits upon engag- 
ing to settle a proportionate number of colonists. 

11 Given on the 7th of June, in the year IG'29. 



5b* NEW NETHERLAND. 

They should forever possess and enjoy all the lands within 
their limits, which were to be holden from the company as an 
"eternal inheritage." 

They were to furnish the persons sent over to settle, with 
suitable instructions, in order that they might be ruled and 
governed conformably to the rules of government established in 
the province. 

The colonists were to be free from customs, taxes, excise im- 
posts, or other contributions, for the space of ten years, and then 
no higher custom to be charged by the company than was paid 
at home. 

The company engaged not to take or receive from the service 
of the Patroons, any of the colonists ; " either man or woman, son 
or daughter, man servant or maid servant;" unless on consent 
obtained; but on the contrary, every thing should be done to ap- 
prehend and deliver fugitives into the hands of their Patroon, or 
his agent. 

Private individuals (not enjoying the same privileges as the 
Patroons) who should be minded to go and settle, should with 
the approbation of the Director and Council, of the province, be 
at liberty to take up as much land, and take possession thereof, as 
they should have ability properly to improve. 

The colonists might navigate and trade along the whole coast, 
from Florida to Newfoundland, provided they brought their mer- 
chandize to the Manhattans, and paid a duty of five per cent, to 
the company. 

The company engaged to take all the colonists, as well free as 
those that were in service, under their protection, and to defend 
them against all "outlandish and inlandish wars and powers." 

The Patroons and colonists were required, in particular, and in 
the speediest manner, to endeavour to find out ways and means 
whereby they might support a minister and schoolmaster, that 
thus the service of God and zeal for religion might not grow cool 
and be neglected among them, and they were also required, "for 
the first to procure a comforter of the sick there." 

The colonists were forbidden to make any woollen, linen, or 
cotton cloth, or to weave any other stuffs there, on pain of being 
banished, and as perjurers, to be arbitrarily punished. 



NEW NETKERLAND. 57 

The company engaged to use their endeavours to supply the 
colonists with as many blacks as they conveniently could, on 
conditions to be afterwards made. 

This charter formed the principal basis upon which the civil 
institutions of New Netherland came to be placed. It exhibits a 
singular mixture of principles and views; some of its provisions 
were liberal, whilst others were extremely rigid. Neither the 
interests of the company or those of the settlers were fully secured. 
The concessions that were made by the company fell short of 
their object, turning in a great degree to the special benefit of cer- 
tain individuals. The principal directors of the plan were ready 
to seize for themselves the advantages offered; in the character of 
Patroons, they secured acquisitions in the province which almost 
gave them a monopoly in land, and thus they were able to retain, 
in their own hands, some of the most important privileges yielded 
in the charier. To the mass of actual settlers nothing whatever was 
given. The charter contemplated or allowed, the establishment of 
a kind of feudal or manorial rule, by which the colonists would 
be held in a state of complete dependence. No provision was 
made for the division of lands, either present or prospective. 
The people to be sent by the Patroons, were regarded, and were 
to be controlled by the owners of the soil, as a servile class. 
They were to become American serfs. No plan could have been 
devised, less calculated either to benefit adventurers, or to promote 
the interests of the province, and by this mistaken policy, the 
foundation was laid for social and civil distinctions, which have 
not been fully effaced to the present hour, and which have always 
continued to act as a cause of irritation, and a bar to general im- 
provement. 

By a wiser provision, the charter gave liberty to private adven- 
turers, to make a selection of lands, and to enjoy the same by 
personal right. Yet these individuals were subjected to many 
disadvantages when acting by the side of the great proprietors, 
who, from their special privileges, were enabled to exert a con- 
trolling influence. 

By the strict prohibition of manufacturing employments, the 
settlers under the charter were reduced to actual subjection. 
Articles of indispensable necessity must be taken from the com- 



5ft NEW NETHERLANP. 

pany, or if clscAvherc procured, must be brought in a certain 
channel, and duty be paid upon them "for recognition," to the 
company. 

The engagement to supply the colonists with "blacks," may 
have proceeded from a willingness to benefit the settlers, or from 
a desire to engage in a profitable trade. But whatever may have 
been the motive, no other effect could be produced, than to place 
an element of evil at the very basis of the social structure. 

The full protection given to settlers, the exemption from taxes, 
and the regulations in relation to literary and religious instruc- 
tion, were provisions liberal in spirit, and proper in their ulti- 
mate object. 

The Chamber of Amsterdam having had the control of affairs 
in New Netherland, the directors of that body became the earliest 
actors under the Charter of Liberties and Exemptions. This 
charter had not yet received the sanction of the Assembly of 
Nineteen, or of the States General, when these persons entered 
upon measures to secure a share of the proposed advantages. In 
the ships that were sent to the province, Avere persons having 
authority to treat with the natives for land, and upon their arrival 
in the country, these agents visited an Indian village on the south- 
west corner of Delaware Bay, and purchased a tract of land from 
three resident chiefs of that vicinity. This tract extended from 
Cape Hindlopen, thirty-two miles in length, and Avas tAVO miles in 
breadth ; it Avas taken in the name and on behalf of Samuel Godyn, 
and Samuel Bloemmaert. 1 - The next year another tract Avas 
purchased for the same individuals, on the opposite side of the 
Bay, at Cape Mey ; this purchase Avas made from nine resident 
chiefs, and Avas sixteen miles in length and the same in breadth, 
making a square of sixty-four miles. 13 Other portions of lands 
Avere acquired in different parts of the province in a similar man- 



" This purchase was made some days before the final ratification of the charter 
of Liberties and Exemptions. 

13 This tract Avas purchased by rctcr Heyser, Skipper of the ship Whale, and 
Giles Coster, Commissary. It was probably the first purchase from the natives 
within the limits of New Jersey, at least, it is the first upon record. It was made 
on the 5th of May, 1630. 



NEW NETHERLAND. 50 

ner. Staten Island was taken up for the Director Pauuw, and a 
large extent in the vicinity of Fort Orange, was acquired for De 
Heer Kiliaen Renselaer. The territory of Godyn and Bloem- 
maert, on the western side of Delaware Bay, was called Zwanen- 
dal, that of Pauuw, Pavonia, and Renselaer named his Rensalaer- 
wyck. In most of these instances, the tracts exceeded in extent 
the limits allowed in the charter, yet they were afterwards con- 
firmed to the purchasers, by the Governor and Council of the 
province. The clause providing for an extension of limits in 
certain cases, may have been resorted to, and have been con- 
sidered sufficient to warrant the confirmation. 

A course of proceeding was soon devised for the purpose of 
establishing colonies upon the lands that had thus been obtained. 
The first attempt was made by a company of several of the large 
proprietors, who were willing, by such an union, to concentrate 
their means, and to promote the interests that were common to all. 
On the 16th of October, 1630, they entered into an agreement, in a 
formal manner, in an article of association and contract. Their pur- 
pose was to establish a colony at the South or Delaware River, and 
they offered the direction of the enterprize to David Pieterszen 
De Vries, an experienced commander. He was willing to engage 
therein upon certain conditions, which were acceded to, and an 
expedition was at once fitted out. 14 De Vries departed from the 
Texel on the 12th of December, 1630, and arrived, safely at the 
place of destination. A company of emigrants, thirty-four in 
number, were landed, with their implements of husbandry, on the 
western shore of Delaware Bay, near to the entrance of a stream 
called the Hoar-Kill. It was within the territory of Zwanendal, 
belonging to Godyn and Bloemmaert. After such arrangements 
had been completed as he supposed to be necessary, De Vries, 



14 De Vries's account is as follows, "After my arrival from the East Indies, I 
met with a merchant of Amsterdam, named Samuel Godyn; he offered me a 
Commandership in the New Netherland. They had a mind to form a colony there, 
and they would employ me as Second Patroon, as was granted by the States, and 
by the West India Company's Charter. 1 answered him that I was' willing to 
accept the offer, upon condition that I should be a Patroon, equal in every thing 
to the others. This was agreed to, and in consequence we have formed a Patroon- 
ship, viz : Samuel Godyn, Killian Van Renselaer, Samuel Bloemmaert, Jan De 
Laet, and I, David Pieterszen De Vries." 



GO NEW NET11ERLAN1). 

lull ol' hope for the success of the undertaking, departed for Hol- 
land, leaving Gillis Hoossett in charge of the colony, during his 
absence. 

Besides the association with which De Vries was connected, 
others resembling it in character had been formed, and they also 
engaged in efforts similar to those which had been made for the 
settlement of Zwanendal. On the 9th of January, 1631, com- 
plete lists of the several Patroonships were delivered to the West 
India Company, and the grants, with the proceedings that had 
been taken thereon, were approved by the Assembly of the 
Nineteen. 

But, at an early period the operations of the Patroons brought 
them into opposition to the interests, or the claims, of the West 
India Company. They considered themselves entitled by the 
charter under which they were acting, not only to trade upon the 
coasts in the manner prescribed, but also to traffic with the 
natives of the country, at least in those places where no establish- 
ment had been formed by the company, when the charter of 
Liberties and Exemptions was given. This was strongly resisted 
by the company. It was also contended by some, that an undue 
advantage had been gained by the Patroons, in the great extent, 
or the fortunate situation, of some of their tracts. The acquisi- 
tions that had been made by Pauuw, and by Godyn and Bloem- 
maert, were particularly objected to. Serious difficulties ensued, 
and at length, the " whole of the Exemptions were questioned, 
and called into doubt." The matters in dispute were thought of 
sufficient importance to claim the notice of the Government, and 
the States General issued an order, that a report should be made 
of the names of all those persons to whom colonies had been 
granted ; but no decisive result was produced. These differences 
were finally allayed by admitting a number of the members of the 
company, into the associations that had been formed by the 
Patroons ; a measure which may have served for the removal of 
jealousy, and may also have been considered as giving a degree 
of security against future encroachments. 15 



;» The Directors received as partners with the Patroons, were Mathias Van 
Ceulen, Hendrick Havnel, Johan Van Harinehkouck, and Nicholas Van Settorigh. 



NEW NETHERLANU. 01 

At this period, and .it may be in part, in consequence of these 
occurrences, a change took place in the administration of Govern- 
ment. Director Minuet had been in office for several years, and 
had managed the affairs of the colony with apparent fidelity, and 
with good success. But, as it is stated, he fell at Ibis time "into 
disputes with the company," and the difficulty terminated in his 
displacement and recal. The precise nature of the charges against 
him, or indeed, whether any definite charges were made, are mat- 
ters not fully determined, but it may be supposed that he was 
suspected, at least, of favoring the movements and claims of the 
Patroons. Isaac De Rasier shared the fortune of his superior, 
and after the recal of these officers, the government was adminis- 
tered, for a period, by the Council alone. 

The return of Governor Minuet was attended by a circumstance 
little in favor of the interests of New Netherland. The ship in 
which he was returning, was compelled by stress of weather, to put 
into the Port of Plymouth, in England. She was immediately 
seized at the suit of the New England Company, on a charge 
advanced by Mason, one of the company, of having traded to, and 
obtained a cargo in countries subject to his Britannic Majesty. 
A petition was addressed to the Secretary of State, complaining 
of the Dutch, they having settled, as it was said, "as inter- 
lopers," between the plantations of Virginia and New England. 

The arrest above mentioned, led to a discussion between the 
parties immediately concerned, and finally, between the Govern- 
ments of England and Holland, in which the respective claims of 
the countries to the territory occupied by the Dutch, were fully 
set forth and examined. In the conclusion, a positive assertion 
was made by the English, of a title to the whole of New Nether- 
land, to which the opposite party forbore to make a reply, but 
they continued to urge that their vessel and people should not be 
detained. This demand was at length acceeded to ; the Lord 
High Treasurer of England, ordering their release, but still, with 
a condition, "saving and Avithout any prejudice to His Majesty's 
rights."* 8 



O'Callaghaii. p. 137. 



62 NEW NETHERLAND. 

In 1633, Wouter Van Twiller received the appointment of 
Director General of New Netherlands 7 He had been a Clerk 
in the employ of the AVest India Company, and his elevation was 
probably owing to the influence of a delative. 18 A cotemporary 
speaks of his coming into office "from a Clerkship," as "an 
amusing case." 19 It would scarcely seem just to pronounce an 
opinion merely from his former pursuit, but there was nothing in 
the Governor's subsequent course to show a remarkable fitness 
for the duties of any exalted place. 

The same number of officers continued in the Council as in the 
time of the former administration ; Jan Van Remund occupied the 
place left vacant by the removal of De Rasier. Hans Jorissen 
Houten was Governor or Commissary of Fort Orange, and Arent 
Corssen of Fort Nassau. Attempts were made by the Governor 
for the improvement of the several settlements. Orders Avere 
issued that Fort Amsterdam should be rebuilt and strengthened, a 
church erected "for general worship," and a mansion raised for 
the Director General himself. "A large house with balustrades," 
with smaller dwellings for the people, were to be constructed at 
Fort Orange, and "one large house" at Fort Nassau, on the South 
River. The establishment at the latter place had not been pros- 
perous, the garrison had been greatly reduced, and perhaps at 
times entirely dispersed; yet the post had never been finally aban- 
doned, and the Director resolved that it should now be strengthened 
anew. The other settlement on the Delaware, that which had 
been established in Zwanendacl, was not in the charge of the 
West India' Company, but was under the Patroons. At this time, 
it had been wholly destroyed by the Indians ; upon the return of 
De Vries, its founder, all was totally lost, he found nothing left of 
the settlement except the remains of his murdered companions. 

Director Van Twiller entered upon office at a time not favorable 



" It is asserted by many writers, that Van Twiller had been in the country be- 
fore, in an oiBcial capacity, and that the removal of Minuet was owing to state- 
ments made by Van Twiller, upon his return to Holland. But no one circum- 
stance has been referred to, giving evidence of the agency of this person, either in 
the case of Minuet or in any occurrence in the province, prior to the time of his 
present appointment. 

18 The Palroon Van Renselaer. ' 3 De Vries. 



NEW NETHERLAND. 63 

for the enjoyment of ease and tranquility. At an early period 
after his arrival, the relations between the Dutch, and their neigh- 
bors, the English, began to assume a threatening character. New 
England and New Netherfand were brought together on the 
borders of the Connecticut River. The Dutch had been the first 
to enter this stream, and they were now disposed to take posses- 
sion of the country upon its shores ; an agent was despatched to pur- 
chase the land of the natives, and he was also ordered to cause a 
house or fort, for the purposes of trade, to be erected thereon. 
This was accordingly done, and the new post was named the 
" House of Good Hope." But the Director was presently informed, 
by letters from the English Governor at Boston, that the King of 
Great Britain had granted the whole of this country to sundry of 
His Majesty's subjects, and a warning was given to the Dutch 
to make no establishments within the limits of the grant. 

Van Twiller replied, that the demand of the English "seemed 
strange unto him," and he could wish "that His Majesty of Eng- 
land, and the Lords States General woidd agree concerning the 
"limits and parting of their quarters." He therefore desired that 
the "pretence or claim" to the country should be deferred until 
their respective Governments should determine concerning the 
same. But the English were not inclined to so careful a policy, 
and a favorable opportunity presented for an immediate assertion 
of the claim they had made. They were invited by some Indians 
to make a settlement on the Connecticut, and a company of per- 
sons from New Plymouth directly prepared to improve the occa- 
sion.^ A vessel was fitted out in which they ascended the river, 
and passed the "House of Good Hope" in defiance of the threats 
and demands of the occupants, and afterwards effected a landing 
and erected a house. Director Van Twiller made an earnest 
protest against this procedure, but the English commander only 
replied, that he was there "by the command of the Governor and 
Council of New Plymouth, and that he was determined to remain 
in the name of the King of England, whose servant he was." 



90 The Indians here mentioned, were of the Tequod tribe, they had quarrelled 
with the Dutch at the "House of Good Hope," and in revenge, resolved upon 
favoring the English. 



04 NEW NETHERLAND. 

The advantage" which was thus secured by the English, they were 
watchful to maintain, and the command of the shores of the Con- 
necticut, was lost to the Dutch. An ineffectual attgmpt was also 
made by the English, to establish themselves upon the Delaware. 
A small party, under the command of Captain Holmes, proceeded 
to the vicinity of Fort Nassau, but they were arrested by the Dutch, 
and sent back as prisoners, to the authorities at Manhattan. 21 

The administration of Director Van Twiller was not successful 
either in regard to the outward relations of the province, or the 
management of its internal affairs. Disorders prevailed in the 
colony, and economy was not the rule of the government. Some 
of the officers seemed rather intent upon enriching themselves, 
than promoting the interests of the company; and the Director 
himself was not free from suspicion. — At length complaints 
against his proceedings were made to the West India Company, 
and though he was defended by some of the members, it was 
finally determined tliat a change should be made. 

In 1638 he Avas superseded by the appointment of a new 
Director. 

His successor in office considered it necessary as a measure of 
justice to himself, to have a statement prepared, setting forth in 
full the condition of affairs, at the time of his arrival. The 
picture presented is by no means a favorable one. 23 



21 O'Callaghan, p. 170. 
M In the statement made by Keift, the successor of Van Twiller, it is distinctly 
asserted that the latter had undertaken different works on account of individuals 
not of the company, and it is known that he had appropriated portions of lands 
for himself. The suspicion of want of fidelity is also strengthened by the fact, 
that after his retirement from office, he was active in opposition to the company, 
whilst serving as agent at Eenselaerwyck. 

» Sec this statement in New York Historical Collections, vol. 1, p. 274. 



CHAPTER V. 



NEW NETIIERLAND, NEW ALBION, AND NEW SWEDEN. 



William Keift was appointed as the successor of Van Twiller 
on the 28th of March, 1038. 

The New Director was possessed of a good degree of activity 
and vigor, and the situation in which he was placed called for the 
exercise of his best capacities and powers. In addition to the un- 
favorable condition of affairs at the time of his coming to the pro- 
vince, he soon became embroiled with the native tribes. The 
harmony that had so long subsisted between the Indians and the 
Dutch, was suddenly broken ; in the indulgence of a temper which 
was sometimes ardent to the verge of imprudence, the Director pur- 
sued a quarrel arising from the act of a single individual, until there 
arose a general war. Much property was lost, and many lives were 
sacrificed, in the course of a protracted contest. Besides these 
internal disorders, difficulties were increasing from without. The 
English settlers in New England were constantly advancing. 
Under the influence of forms of government which gave an 
equal measure of liberty to all, these colonists were inspired 
with life and activity, and in consequence were continually seeking 
to widen the field of action, and enterprize. In their efforts 
for this purpose, a scrupulous attention to form, was not always 
exhibited. If the limits of particular patents were thought too 
narrow, they urged on their own behalf the rights of the great 
England Company, or claimed to have a sufficient warrant as 
the servants of the King. The claims of the Dutch were no 
further regarded, than merely prudential reasons required. The 
very year of the arrival of Director Keift, a company had 
formed a settlement at a place which the Dutch called Roodeberg, 
9 



60 NEW NETHEKLAND. 

but to which the English gave the name of New Haven, and not- 
withstanding a strong protest from Keift against the procedure, 
they continued to hold possession. This circumstance gave much 
uneasiness to the Dutch authorities. Some time previous also, 
the English King had made a new grant, in which a large 
portion of the territory of New Netherland was included, and 
the holders of this grant soon afterwards appeared, to support 
their claims. At this time too, another people, the Swedes, were 
entering the country, and were seeking to secure possession, by 
purchasing lands of the natives, and erecting dwellings and forts. 

Beside the possession of the lands they occupied, the New 
Haven settlers attempted a farther acquisition. In the follow- 
ing year they despatched an agent, Captain Nathaniel Turner, who 
proceeded to the Delaware, and purchased a tract of land for 
plantations, on both sides of the river. The prosecution of this 
purpose is to be presently noticed. 

The new grant from the English King which has already been 
referred to, was executed prior to the period now under notice, 
being dated on the 21st of June, 1634. It was made in favor of 
Sir Edmund Ploy den, Knight, and certain associates. 

It may have been the design of the English King to convey at 
this time all the territory upon this part of the continent, not in- 
cluded in former conveyances, and in this manner to perfect or 
complete the English title to the country. The patent held by the 
great New England Company, gave a title as far as to the fortieth 
degree of latitude ; below this, the country had reverted to the 
English Crown, in consequence of the dissolution of the South 
Virginia Company. But a portion of the country that had be- 
longed to the Virginia Campany, had now been re-granted, having 
been given in the year 1632, to George Calvert, Lord Baltimore, 
and this portion was erected into a separate province, called 
Maryland. The province of Maryland extended in a north- 
wardly direction, to the fortieth degree of latitude, and hence, 
in that direction, came into contact with New England. But, 
toward the east, Maryland did not extend to the Atlantic coast, 
but ran, for a part of the distance, along the course of an inland 
stream, and of consequence, a portion of territory was left, below 
the fortieth degree, and between Maryland and the Ocean, that 



NEW ALBION. 07 

was still ungrantcd. 1 It may have been the intention of the 
English Sovereign (but this is only conjecture) to make a con- 
veyance of this remainder, in the grant to Sir Edmund Ployden, 
and his associates. 2 

But whatever may have been the purposed limits of this 
grant, in the actual execution thereof, portions of territory were 
included, on the north, and on the south, that were also em- 
braced in previous claims. The description of limits as given 
in the several authorities, is somewhat confused and uncertain. 
In the Patent itself, which is the authority most to be relied on, 
the situation of the Isle of Plowden, or Long Island, (which was 
included,) is first set forth, and the boundaries of the adjacent 
territory upon the continent, are then described. The outline of 
the latter portion is nearly as follows: 

Beginning at a certain point or promontory called Cape May, 
and running from thence forty leagues westward, pursuing the 
course of the Delaware for a time and then passing into Maryland, 
then, from its western limit forty leagues northwardly, then, by a 
right line inclining toward the east, forty leagues, to the river, and 
afterwards descending, touching and including the top of Sandheey, 
(Sandy Hook,) to the promontory of Cape May aforesaid. Though 
there is here a want of precision, it is still sufficiently evident that 
there would be included within these limits a portion of terri- 
tory belonging to New England, and also a part of the province 
of Maryland. This encroachment upon adjoining grants is in- 
deed distinctly acknowledged by a principal authority, 3 and it is 
explained and defended on the ground that the older grants 

•From 1624, when the South Virginia Company was dissolved by King 
James, until the grant was made to Earl Ployden, the portion of territory above 
mentioned, was not included in any special grant ; it consisted of that part of the 
present State of New Jersey that lies below the fortieth degree of latitude. 

3 That the intent in the present case, was such as is here suggested, receives 
some support from the fact, that in the description of places, the Isle of Ployden 
or Long Island is said, (though erroneously,) to lie "near or between the thirty- 
ninth and fortieth degrees," a position which would nearly correspond with the 
actual situation of that part of the territory upon the continent, which remained 
ungranted. 

3 Plantagenet's History of New Albion. 



G8 NEW ALBION. 

had boon unfairly obtained, or as it is expressed, "were gotten 
on false suggestions." But in regard to the claim's of the 

New Netherland settlers, it was of little importance what were 
the limits of the present grant; whether the English claim was 
every where the same, or not; whether doubled, or single, in 
any case, the title of the Dutch to the country was wholly denied. 4 

The grant to Sir Edmund Ployden and his company, was made 
in the amplest and fullest manner. The patent conferred upon 
him and his associates and their heirs and assigns forever, the full 
right to all the lands that were mentioned and described therein. It 
constituted the said Sir Edmund Ployden and his associates absolute 
lords and proprietors of the same. It also provided "in order 
that the said region might outshine all the other regions of the 
earth, and be adorned with more ample titles, that the said region 
should be incorporated into a province to be nominated and called 
New Albion, or the province of New Albion, to be and remain a 
free County Palatine, in no wise subject to any other." Sir 
Edmund was constituted County Palatine, with the title of Earl 
Palatine of Albion, or of the Province of New Albion in America, 

The Earl Palatine was empowered to make whatsoever laws 
might seem best, whether concerning the public estate of the 
province, or the private utility of individuals, with the counsel, 
approbation, and assents of the free tenants of the province or the 
major part of them who should be called together. But, it was 
further provided, that as it might often happen that there would 
be a necessity to provide a remedy in a number of cases before 
the free tenants could be assembled to make laws, the Earl Pala- 
tine and his heirs and successors, should have authority to make 
" fit and wholesome ordinations, as well for keeping the peace as 
for the better government of the people, provided however, that 
such ordinations should be consonant to reason, and not repug- 
nant to the laws, statutes, and rights, of the kingdom of England 
and Ireland, and so that they did not extend to the right or interest 
of any person, or persons, of, or in free tenements, or the taking, 
distraining, binding, or charging, any of their goods or chattels." 

* Even that portion of country which for a time had remained ungrantcd, 
continued in the interval to be subject to the British Crown. 



NEW ALBION, 69 

It was also provided that all persons should bo allowed to 
travel for the purpose of inhabiting in New Albion, and to earry 
all goods, wares and merchandize, to be shipped and transported, 
without any imposition, subsidy or custom, only with a license 
from tbe King's Treasurer; so also, all goods and merchandize 
whatsoever^ from the province might be taken to any part of the 
kingdom, and disposed of without the payment of any tax, sub- 
sidy, or custom whatsoever, provided however, that this immu- 
nity should only continue for the space of ten years. Further- 
more, no imposition, custom, or taxation should be imposed at 
any time hereafter upon the tenants or inhabitants of the province 
or any lands, tenements, goods or chattels, or in, or upon, any 
goods or merchandize within the province. 5 

The Earl Palatine exerted himself to effect a settlement of bis 
province. It is indeed said in the patent, that the said isle and 
region had already been "amply and copiously peopled Avith five 
hundred persons," but if such a population existed at that time 
the particulars of its history are entirely lost. But there is 
evidence that at an early period after the charter was given, 
an attempt was entered upon to establish a colony. An as- 
sociation was formed composed of Lords, Baronets, Knights, 
Merchants and Planters, in all, forty-four persons, and this com- 
pany engaged by indenture to send out "three thousand able 
trained men," and settle them upon the Palatine's domain. 
In the year 1641, the Earl made an attempt to carry out 
the projected plan, and for its better success, attended the en- 
tcrprize in person. He conducted a company into the province, 
though it would seem that but a small part of the promised 
number of men, were in actual attendance. Either from the 



* See New Albion Patent in Hazard's Collections. Penington, a late writer, 
in an article given in the Memoirs of the Pennsylvania Historical Society, vol. 4, 
has attempted to discredit this instrument, representing it as spurious, or at least 
as open to doubt and suspicion. But this writer exhibits, on most occasions, a 
singularly sceptical temper; he resolutely disputes what most other authorities 
readily admit. The instrument in question is vague, and sometimes incorrect, 
in description, and it seems to have suffered from a most faulty translation, but it 
contains such evidences of authenticity, and is supported by so much collateral 
proof, that it cannot bo wholly rejected. 



70 NEW ALDION. 

smallncss of his force, or from some other cause, the Earl did 
not succeed in his endeavours to establish a settlement; but he 
remained in the country, and engaged in exploring his province. 
The whole extent was divided into several manors, and these 
being dignified with well chosen names, served to give titles to 
each member of the Earl. Palatine's family. 6 

Almost at the same time with the arrival of the Earl, a company 
of persons entered the province, with a view to effect a permanent 
settlement therein. This was. the body sent out by the New 
Haven Colony to take possession of the lands upon the Delaware 
that had been purchased by Captain Turner, as has heretofore 
been mentioned. They were instructed -to act in close connexion 
with the mother colony ; .they were to plant the lands and engage 
in trade, and were, also to establish churches in gospel order and 
purity. 

The company consisting of near fifty families, sailed in a vessel 
belonging to one Lamberton, a merchant of New Haven, and 
Robert Cogswell was commander. They -touched at Fort Am- 
sterdam on their voyage, and the authorities at that place be- 
came thus apprized of the nature of the object they had in view. 
Governor Keift was too much alive to the movements of the 
English, to allow him to look with indifference upon the present 
attempt, and he at once protested against it. 7 The English Com- 



6 Plantagenct's New Albion, Barclay's Sketches, Mickle's Reminiscences. 

1 [Protest,] " I, William Keift, Director General, in behalf of the High and 
Mighty Lords of the States General of the United Provinces, of his Higbness 
of Orange, and the Nobl e Lords Directors of the Privileged West India Com- 
pany, residing in New Netherland, make known to you, Eobcrt Cogswell and 
your associates, not to build nor plant on the South River, lying within the 
limits of New Netherland, nor on the lands lying along there, as lawfully be- 
longing to us, by our possessing the same long years ago, before it was fre- 
quented by any Christians, as appears by our forts which we have thereon, and 
also the mouth of the rivers sealed with our blood, and the soil itself, most of 
which has been purchased and paid for by us, unless you will settle under the 
Lords, the States and the noble West India Company, and swear allegiance 
and become subject to them as the other inhabitants have done. Failing where- 
of wc protest against all damages and losses that may accrue therefrom, and 
desire to be holdcn innocent thrcof." 



NEW ALBION. 71 

mander replied that it was not their intention to settle under any 
government, if any other place could be found, but that should 
they settle within the limits of the States General, they would 
become subject to the government. The company then proceeded. 
They finally reached a place which they selected for a settlement 
not far from the Delaware, on a small stream called Varcken's 
Kill.s 

Whether these settlers were at all aware of the rights and 
claims of the Earl Palatine of Albion, at the time they entered 
the province, is unknown. But finding him in the country as the 
holder of a grant from the English Crown, they were ready to 
submit to his rule, and hence upon being visited by persons com- 
missioned by the Earl, they swore fealty to him, as the Palatine 
of Albion. 9 

But the company had not long been settled in their new situa- 
tion before they found themselves in need of the aid and protection 
which their present ruler was in no condition to give. 

Their settlement had been observed by Jan Janssen Van 
Ilpendam, the Dutch Commandant, who resided on the Delaware 
at Fort Nassau, and information of what was passing was soon 
transmitted to the Director at Fort Amsterdam. Keift immediately 
ordered that two vessels should be prepared and despatched to the 
Delaware, with orders to visit the English a,nd to reduce or dis- 
perse the colony. This order was speedily obeyed ; the Dutch 
made an entrance upon the settlement, took possession of the goods, 
burned the houses, and detained a number of the people as prisoners. 

The Swedes who were established upon the Delaware gave aid 
and assistance to the Dutch in this attack upon the English 
colony. 10 

6 Otherwise called Hog Creek, now Salem Creek. 

3 Plantagenet's New Albion, Barclay's Sketches, Mickle's Reminiscences. 

lu The English account of these proceedings is as folio ,vs : " That by their 
agents they had duly purchased of the Indian Sachems and their companions, 
several tracts or parcels of land on both sides of the Delaware Bay or River, to 
which neither the Dutch or the Swedes had any just title, yet without any legal 
protest or warning Monscre Keift, the Dutch Governor, sent armed men in 1642, 
and by force and in an hostile way burnt their trading houses, seized and for 
some time detained the goods in it, not suffering their servants so much as to 



72 NEW ALBION. 

After a period, an attempt was made from another direc- 
tion, for the purpose of establishing a colony within the province 
of New Albion. 

The storm of political agitation was now arising in England, 
and its violence had already become such as to shake the State 
and the Throne. The minds of men were ill at ease, and such 
as were disposed to seek tranquillity and peace, rather than to 
share in the danger, the glory, and the guilt of the coming strife, 
were anxious to find an asylum in some distant land. A number 
of "Knights and Gentlemen" who were thus disposed, associated 
together and chose one of their company to visit the English 
plantations in America, and select a place for a settlement. The 
individual chosen for this purpose was Beauchamp Plantagenet. 
He proceeded at once upon his errand, and after extensive travel 
in the several colonies, finally fixed upon the province of New 
Albion. He made application to the Lord Governor then in the 
country, and obtained under the seal of the province, a grant of 
ten thousand acres of land. This tract was called the Manor of 
Belvill. Some time afterwards, Plantagenet returned, in order to 
attend the removal of his companions, and nearly at the same 
time, the Earl Palatine also departed from the province, being 
obliged to return to England for aid and supplies. 11 Upon their 

take a just inventory of them; he also seized their boat, and for a while kept 
their men prisoners. That the said Dutch Governor compelled Mr. Lambcrton, 
their agent, to give in at the Manhattans, an account of what beavers he had 
traded within New Haven limits at Delaware, and to pay recognition for the 
same. That John Johnson, (Jan Janssen Van Ilpcndam,) the Dutch agent, 
with the Swedes Governor at the Delaware, charged Mr. Lambcrton, as if he 
had plotted with the Indians, to cut them off. A capital crime, for which they 
imprisoned and tried him, but could bring no proof to satisfy themselves who 
both accused, and sat as judges, yet they set a fine upon him, for trading within 
New Haven limits there." Hazard's Register, vol. 1, p. 17. 

This statement is hardly correct in regard to the want of any protest against 
the proceedings, the protest has been given. 

" In Winthrop's History it is stated, that in 1G18 Sir Edmund Tloydcn 
arrived at Boston, on his way to England, and that he had been in \ irginia 
seven years. It is possible that the Earl may really have been in Virginia 
during his visit, though a considerable part of the period of his sojourn was 
spent in his own province. Sec upon this point, and also for general remarks re- 
specting New Albion, King's Discourse belore the New Jersey Historical Society. 



NEW ALBION. "23 

arrival in Europe, the Earl Palatine and Plantagenet again met, 
and they then exerted themselves to revive the energies of the 
New Albion Company. For this purpose Plantagenet wrote and 
published "A Description of the Province of New Albion," 
dedicating it to the officers and members of the company; the 
writer himself having become a member of the body. To excite 
the greater interest, a sort of order of Knighthood was instituted, 
with a view to enlist persons to go to the province and engage in 
efforts for the conversion of the natives, to the Christian faith. 
Those who should devote themselves to this service, were to be 
associated under the name and title of " The Albion Knights of 
the Conversion of the Twenty-Three Kings." This title had 
reference to the number of Indian Kings supposed to be living 
and ruling within the province. But all these efforts fell short of 
their object. The "three thousand able trained men" were never 
enlisted, and no one of the Albion Knights of the Conversion 
ever arrived at the field of labor. Nor did the Earl Palatine 
himself, or his coadjutor, Plantagenet, find a fit opportunity again 
to visit the province. 

What number of persons ever resided in New Albion under 
the Palatine's rule, or what was their condition, is but imperfectly 
known. A fort called Eriwoneck was erected upon the Delaware 
near the mouth of the Pensaukin, and this post was held during 
the greater part of the Earls sojourn, by a small body of men. 
The New Haven colony was said to consist of near fifty families, 
and there were also a few traders from Virginia residing at different 
places. These companies, together with the people on the Isle 
of Plowden, or Long Island, made up the population of the 
Palatine's province. One of the manors called Watcessit, was 
selected as the principal residence of the Earl, and this, it may 
be supposed, was the seat of authority. A plan of government 
was also fully devised ; as described by Plantagenet, it was dif- 
ferent in some respects from that laid down in the patent. A 
particular notice of its provisions may not be necessary, as it was 
never brought into actual operation, but its general character is 
worthy of notice. It was mild and liberal in temper. 

In religious matters the most entire freedom was given. Some 
fundamental doctrines, as well as certain forms, were to be settled 
10 



74 NEW ALBION. 

by acts of Parliament, yet dissent was not to be punished ; indeed, 
all railing against any one on account of religion, was deemed an 
offence. For, it was said "this argument ox persuasion in religion, 
ceremonies, or church dicipline, should be acted in mildness, love, 
charitv, and gentle language." This noble sentiment carried out 
as it was to have been into actual practice, gives one of the finest, 
as well as earliest examples of religious toleration, known to the 
world. In regard to this particular, full justice has not. been done 
to the lawgiver of New Albion. Williams and Calvert have been 
lauded, and justly lauded, as being the first to remove the shackles 
of religious intolerance, and give full liberty to the mind of man 
in the communion it holds with its Great Creator. Williams was 
doubtless the first to proclaim the principle "that the civil magis- 
trate has no right to restrain or direct the consciences of men." 
Calvert followed closely in his track. To these men let honor be 
given. But they have been represented as standing entirely alone 
until the appearance of Penn. This is not just or true. Ployden 
may not have advanced to the same point ; he retained the shadow 
of a State religion ; but he offered the fullest freedom, and the 
fullest protection to all, and gave his voice in favor of mildness, 
charity, and love. Though his designs were not successful, 
though the work he projected fell short of completion, yet he 
deserves to be ranked with the benefactors of our race, and New 
Albion is entitled to a higher place in the history of human pro- 
gress, than is often allotted to older, and greater, and more fortu- 
nate States. 

No collision, nor indeed any intercourse is known to have 
occurred between the authorities of New Albion and New Netli- 
erland. The attack of the Dutch upon the settlement at Varckens 
Kill, led to no further hostilities. 

After that occurrence, and the retirement of the forces that had 
been sent from Manhattan, Van Ilpendam the Commandant of 
Fort Nassau, continued at his post, and he was directed by Keift 
" to take care and preserve dominion, and to defend the honor of 
the High and Mighty States, and of the Honorable West India 
Company." 12 But however necessary this vigilence may have 

19 Acrelius. 



NEW SWEDEN. 75 

been, to prevent the advancement of others, it was scarcely re- 
quired toward the Earl Palatine of Albion. If possessed of any 
ability, he was little disposed to a hostile movement in opposition 
to the Dutch. In their late aggression the blow had been aimed 
at New Haven, rather than New Albion, and in addition to this, the 
Earl was less apprehensive as to the principal actors in the move- 
ment, than as to their accessories. He is reported to have said "that 
he would have no misunderstanding with the Dutch, though he 
was much offended with, and bore a grudge against the Swedes." 13 

The latter people had taken full possession in a part of his 
province, and were likely to remain, and to obtain assistance in 
repelling their encroachments, was a principal object with the 
Earl, in his return to Europe. 

The establishment of the Swedes upon the Delaware is a point 
to be considered. 

The Swedish nation had not participated in the early discove- 
ries in America, or in the first attempts to establish settlements. 
But they were a hardy and vigorous people, and were alive to the 
stir, and the stirring influences of that eventful period. The ad- 
vances made by other nations in the New World, had not passed 
unheeded, and at this time their attention was particularly directed 
towards the movements and successes of the Dutch. William 
Usselinx, a Hollander, who had settled at Stockholm and become 
an eminent merchant there, had, from a connexion in business 
with the Dutch West India Company, acquired a full knowledge 
of the plans and proceedings of that body, and of the advantages 
either derived or expected from the colonial establishments in 
New Netherland. Usselinx was led to conceive that it would be 
to the interest of the Swedish Government to encourage a similar 
enterprise, and he finally proposed his views upon the subject, to 
Gustavus Adolphus, the King. 14 His suggestions were favorably 

13 Hartger's Beschrijvinge Van Virginie and Niew Ncderland. 
14 Usselinx urged in support of the measure that " the christian religion 
would by that means be planted amongst the heathens, — that his Majesty's 
dominions would be enlarged, his treasury enriched, and the people's burdens 
at home diminished. That it would produce to the country many positive ad- 
vantages, and a very profitable trade, and that the Swedes possessed all I he 
means for carrying it on to advantage." Clay's Annals, p. 14. 



76 NEW SWEDEN. 

received by the Sovereign, and measures for the prosecution of 
the plan were immediately adopted. But the occurrence of war, 
and the subsequent death of the King, together with other un- 
favorable events, prevented the pursuance of the design, at the 
time, or in the manner proposed. 15 Yet it was not forgotten, and 
after a period it was again brought forward and urged upon the 
notice of the Swedish Government. The principal mover in this 
new effort was a person who, in the course of his past experience 
had acquired a degree of knowledge in relation to such an attempt. 
This individual was Peter Minuet, the former Governor of the 
Province of New Netherland, but who, as has already been 
noticed, had been recalled from his post. Either from a feeling 
of resentment against his former employers and a desire to estab- 
lish a rival interest, or from attachment to the country in which 
he had resided, and a desire to return there, or it may be merely 



•s Under the favor of Gustavus a company was established with power to 
trade to Asia, Africa, and the Straits of Magellan. The plan was made known 
in an edict issued by the King on the 2d of July, 1C26. Harte in his life of 
Gostavus says, that the scheme for the establishment of colonies in the West 
Indies greatly delighted the senators, and that many persons subscribed liberal- 
ly and readily, in conformity to the example of the King, and Campanius 
mentions a number of persons including princes, nobles and principal officers, 
who were subscribers to the plan. 

Rudman further states, that ships and all necessaries were provided, and 
Harte asserts that "a little Swedish squadron" actually sailed for America, but 
that " the Spanairds contrived dextrously enough to make themselves masters 
of it." Campanius also makes a similar statement, and adds, that the ships 
had been stopped by the Spaniards, in order to favor the Poles and the Empe- 
ror of Germany, then engaged in a war with the Swedes. To what precise 
point the undertaking was carried, it is not easy to determine, but it seems to 
be decided that it was not then brought to final completion. Campanius indeed 
narrates, that America was visited and settled by the Swedes in the reign of 
Gustavus, and several authorities have followed him in the statement. But the 
best authorities agree in the conclusion, that no settlement was made until the 
following reign, and that if any Swedes were in America at an earlier period 
it could only have been a few individuals, who had adventured with the Dutch. 
See Clay's Annals, O'Callaghen's New Netherland, Gordon's New Jersey, 
Mickle's Reminiscences, Whitehead's East Jersey, and Ferris's Settlements on 
the Delaware. 



NEW SWEDEN; 77 

from a lark of other employment, Minuet had sought the patron- 
age of the Swedes, and strongly recommended that a colony 
should be settled in America. He also designated as a proper 
situation, the South or Delaware River. 16 The projected under- 
taking was warmly approved by Queen Christina, who had suc- 
ceeded to the Swedish Throne, and through her favor, and the 
patronage of Oxersteirn, the Chancellor of the Kingdom, Minuet, 
was enabled to carry out his design. An expedition was fitted 
out and committed to his care, furnished with all the necessary 
stores and with articles of merchandize, intended for traffic with 
the Indian tribes. A company of settlers was also carried out. 

The expedition arrived in the Delaware early in the season, in 
the year 1638, and the emigrants landed at Inlopen, (otherwise 
called Hindlopen,) on the western side of the bay. 

Presently after the arrival of the Swedes, they were visited by 
some of the Dutch who resided on the Delaware, to whom the 
Swedish Commandant stated, that he had entered the river on his 
way to the West Indies, to procure supplies, and that he should 
presently depart. 17 But instead of leaving the Delaware, he as- 
cended the stream, and selected a place for a permanent settle- 
ment; the situation was on the borders of a stream which was 
called Christina, and a fort was immediately erected, which was 
also named Christina, in honor of the Queen. After having thus 
secured himself in the country, Minuet opened a communication 
with the neighboring tribes of natives, and purchased from them 
an extent of territory reaching from Inlopen to the falls at San- 
tickan, and as far inward in breadth, as the settlers might require. 
At this time no land was acquired on the eastern side of the 
Delaware Bay or River, but not long afterwards a portion of 
country was secured on that border, in a manner, and for reasons 
to be noticed hereafter. 



10 Rudman states, from information given by an ancient Swede, that Minuet 
" profiting by his knowledge of the country, went to Sweden, and informed (he 
principal persons that the Dutch had settled on the east side of the Delaware, 
but that the whole of the western side was unoccupied, except by the Indians. 
He urged a settlement there, and offered to conduct the enterprise." Clay's 
Annals, p. 16. 

11 O'Callaghen, p. 189. 



7R NEW SWEDES^ 

The Swedes had thus succeeded in effecting a settlement in the 

country, yet their situation was such as to expose them to no little 
difficulty. They had placed themselves upon lands that were sub- 
ject to other, and older claims, and hence, at the very beginning of 
their course, they were met by opposing interests. Both the 
English and the Dutch asserted a right to these same lands. This 
fact was not unknown to the Swedes, though they may not have 
been apprized of the particular nature, or the full extent of the 
claims in question. The English claim was two-fold in character, 
or kind, first a general right, founded upon the ancient ground of 
prior discovery, which right was vested in the Crown; secondly, 
one of a special nature, based upon such specific grants as had 
been made by the Sovereign, either to bodies, or to particular 
persons. The former of these, however, according to Swedish 
historians, had been fully ceded by the English King. These 
historians relate that some time prior to the advent of the Swedish 
colonists, application was made to Charles, the English King, and 
that he then renounced the claim of his nation, in favor of the 
Swedes. 18 

But the declaration of the Swedish historians upon this subject, 
is without support, no such treaty as is here mentioned is known 
to exist, and the evidence of its having been ever concluded, has 
not been produced. But it is in any case clear, that some time 
previous to the coming of the Swedes, the country upon which 
they entered, had been conveyed by the English King, in the 
fullest- manner, to some of his own subjects. According to the 
best authorities, the arrival of the Swedes was in 1638, and in 
1632 Maryland had been granted to Lord Baltimore, and in 1634 
New Albion was given to Sir Edmund Ployden and his associates, 
and these provinces included the whole of the country, afterwards 
occupied by the Swedish settlers. So far as an English right was 
concerned, the conveyances to Lord Baltimore and Earl Ployden 
were conclusive against the Swedes, unless it could be shown that. 
they were in possession of an earlier grant from the English King, 
and this as already remarked, has not been shown. It has not 

19 The date of the transaction is differently given. Acrelius says that it was 
in 16:54; Oampanius states, that it was "in or ahout the year 1631." 



NEW SWEDEN. 7'.) 

been shown that any conveyance whatever was made to them by 
Charles I., and if made, it was, even according to Swedish history, 
later in date than that to Lord Baltimore. 19 

But the claims of the Dutch were also in the way of the 
Swedish adventurers, and an important advantage was held by 
the Dutch in their actual possession of the country.- But it is 
asserted that the Swedes had also acquired the rights of the Dutch 
in these parts, by actual purchase, and a writer declares that "the 
treaty which confirmed that purchase was shown me by the 
Honorable Mr. Secretary, Elias Palmskoild." 21 But the state- 
ments of this writer are frequently loose and inaccurate, and such 
a "treaty" could not have been readily concluded. The claim of 
the Dutch was even more complicated than that of the English ; 
it lay with the States General, the West India Company, and the 
different bodies of Patroons. Whether the treaty between the 
Swedes and the Dutch, if really concluded at all, had been so 
formed as to embrace the claims of these several parties, is en- 
tirely unknown.- 2 

But it is certain, that the course of the Dutch was not such as 
accorded with the idea of an entire surrender of their rights and 
claims. So soon as it was known that the Swedes had remained 
in the Delaware, and were preparing to establish a settlement, 

19 Acrelius who is usually much more correct than Campanius states, that 
the grant from Charles to the Swedes was in 1634, which was two years sub- 
sequent to the Maryland grant. Maryland extended to the fortieth degree of 
latitude, and therefore included the greater part of the Swedish purchase, and 
the place of their earliest settlement. 

20 Some writers assert that the whole of the settlements made by the Dutch, 
had been destroyed by the Indians before the coming of the Swedes. But the 
settlement at Zwaendel was the only one that had thus been destroyed. Fort 
Nassua had never been attacked by the Indians and it had now been enlarged; 
whether the party that visited the Swedes upon their arrival, had been detached 
from this post, is uncertain, but it is clear that they were residing in the coun- 
try. It is also stated by Huddle in a formal report upon the state of the country, 
that at the time when the Swedes first cainc, there was a sufficient garrison on 
the Delaware " with men and ammunitions of war." 

21 Campanius. 
33 At this time the West India Company had acquired the control of Zwaen- 
del. The Patroons had sold their rights to the Company in the year 1635. 
O'Callaghcn, p. 365. 



80 NEW SWEDEN. 

they were visited by an officer from Fort Nassau, who waited on 
the Swedish Commandant and requested him to "produce his 
commission." Minuet refused, and furthermore asserted, that his 
Queen had an equal right with the Dutch, and that in virtue of such 
right he should proceed, without delay, to establish a settlement. 
Information of these proceedings was forwarded to Fort Amster- 
dam, and Governor Keift immediately despatched a messenger, 
bearing a formal protest against the movements of the Swedes. 23 
The Protest was received, but it was productive of no effect. 
Whether the Swedes were in possession of a sufficient claim to 
the country, or not, they were resolved to remain, and to prose- 
cute their plans. Minuet entrenched himself at Fort Christiana, 
and prepared to defend his colony against every aggressor. 24 

23 [Protest.] " Thursday, Gtk Mai/, 1683. 

" I William Keift, Director General of the New Netherlands, residing on the 
Island of Manhatten, in Fort Amsterdam, under the government that appertains 
to the high and mighty States General, of the United Netherlands, and to the 
West India Company, privileged by the Senate Chamber in Amsterdam, make 
known to thee Peter Minuet who stylest thyself commander in the service of 
her Majesty the Queen of Sweden, that the whole South Eiver of the New Ne- 
therlands, both the upper and the lower, has been our property for many years, 
occupied with forts, and sealed by our blood, which also was done when thou 
wast in the service of the New Netherlands, and is therefore well known to 
thee. But as thou hast come between our forts, to erect a fort to our damage 
and injury, which we never will permit; as we also believe that her Swedish 
majesty has not empowered thee to erect fortifications on our coasts and rivers, 
or to settle people on the lands adjoining, or to trade in peltries, or to undertake 
any other thing to our prejudice. Now therefore, we protest against all such 
encroachments, and all the evil consequences from the same, as bloodshed, sedi- 
tion, and whatever injury our trading company may sutler; and declare that 
we shall protect our rights in a manner that shall appear most advisable." 

24 The Rev. J, C. Clay, the author of the Annals, whose connexion with the 
Swedish people and entire acquaintance with their history, together with his 
general intelligence, entitle his opinions to the greatest weight, thus speaks of 
the Swedish claim "I have seen nothing to confirm the statements of Campa- 
nius, that the Swedes had acquired a claim to the country on the Delaware 
through grants from the English, and the Dutch'. We know that Campanius 
erred in saying that the Swedes commenced their settlement in 1631, and in 
like manner does he appear to have erred in the other particular. Most writers 
represent the rights of the Swedes as being acquired by purchase from the na- 
tives of the country.'' Letter to the Author. 



NEW SWEDEN. 81 

Minuet was careful to follow up the advantages that had thus 
been gained ; he employed himself in extending the limits and 
strengthening the interests of the colony he had planted. Trade 
was opened with the natives, and at different places "the arms of 
the Crown of Sweedland" were erected, in token of Sovereignty. 
The province was said to extend " from the borders of the Sea to 
Cape Henlopen, in returning south-west towards Godyn's Bay ; 
thence towards the great South River, as far as the Minquaas-Kill, 
where Fort Christina is situated; and thence again towards South 
River, and the whole to a place which the Savages call Sankikan." 
It was thirty German miles in length, and in width, " as much of 
the country as they chose to take." To this province the name 
of New Sweden was given. 

At an early period the attention of the Swedish Government 
began to be directed toward this new possession, and measures 
were concluded upon, to strengthen the colony, and to place it 
upon a durable basis. According to the policy adopted by the 
Government, the management of trade, and the internal affairs of 
the province, were committed to associated bodies, whilst the prin- 
cipal sovereignty and the direction of the general government, were 
retained by the Crown. A body known by the name of the 
Navigation Company, became invested with the right of property 
in the soil of the province. 25 The character and object, of this 
company were similar in many particulars to those of the West 
India Company of Holland, though its political authority was far 
less extensive ; in fact, it had little concern in matters of govern- 
ment. All the officers of the province were appointed by the 
Sovereign of Sweden, who also prescribed their duties, and gave s 
all instructions for the administration of public affairs. 

In the year 1640, several companies of emigrants departed from 
the mother country for New Sweden, and a license is on record, 
given to Jacob Powelson for a vessel commanded by him, and 
which was departing for the province, laden with men, cattle, and 
other articles for the cultivation of the country. 26 



- 5 It is not certain whether the Navigation Company became possessed of a 
title to the whole of the land in New Sweden, or only to certain portions. 
26 Gordon, p. 11. 
11 



82 NEW SWEDEN. 

In the same year a charter or grant was given to a company 
who were about to establish a colony in the vicinity of Fort 
Christina ; by the conditions of this charter, the grantees became 
possessed of privileges and powers similar in most respects to 
those held by the Patroons in New Netherland. 

The Dutch authorities on the Delaware and at New Amster- 
dam, with an apathy that contrasted strangely with their previous 
activity and promptitude, made no opposition to these movements 
of the Swedes ; on the contrary, a number of Hollanders actually 
settled within the limits of New Sweden, not far from Fort 
Christina, and submitted themselves to the government of the 
province. 

These settlers were received with a degree of favor, they were 
placed in the charge of Jost De Bogart, who had been commis- 
sioned by the Queen of Sweden as an Agent or Superintendant at 
Fort Christina. 27 

Whether the forbearance of the Dutch at this period may be 
attributed to necessity or to choice, it gave an opportunity to the 
Swedish Commandant to strengthen and establish the settlement. 
This advantage was not neglected by Minuet, and an occasion 
presently occurred which led him to attempt a further extension 
of his bounds. 

In 1641, the English colony detached from New Haven, arrived 
on the Delaware and effected a settlement at Varcken's Kill, as 
has already been related. The near approach of these settlers 
excited uneasiness in New Sweden ; they were likely to prove 
rivals in trade, and might also prove rivals in power. Minuet 
was desirous to avert the danger. The lands that were occupied 

ai The character and position of this officer is somewhat uncertain. He has 
sometimes been represented merely as the "Director of all the Hollanders who 
had settled in New Sweden." That he had a special relation to these settlers, 
is certain, but he appears to have been charged with other duties. He was re- 
quired, and had engaged "to aid by his counsel and actions, the persons who 
are at Fort Christina and those who may afterwards be sent there from Sweden, 
and to procure as occasion may present, whatever will be most advantageous to 
her Majesty and the Crown of Sweden, and moreover, was to let no opportunity 
pass of sending information to Sweden which may be useful to her Majesty and 
the Crown. 






NEW SWEDEN. 



83 



by the English colonists had already been obtained by them, from 
the natives of the country, and the Swedes insisted in regard to 
themselves, that a purchase from the Indians "the owners of the 
soil," gave all the right that was needed. 28 But unless they were 
ignorant of the English purchase, the conclusion must be drawn, 
that the Indian right was only admitted by the Swedes, when it 
turned to their own advantage. They resolved to secure a title to 
the country possessed by the English ; agents were despatched by 
whom an extent of land was acquired, reaching from the mouth of 
the Delaware, to a point above the settlement at Varcken's Kill, 
and thus the English colony was completely environed. 29 This 
was the time, and the occasion of the extension of the Swedish 
claim to the eastern side of the Delaware River and Bay. 

Nearly at this time, Minuet died at Fort Christina. He had, 
says an early author, 20 " done great service to the Swedish colony. 
During three years, he protected his small fort which the Dutch 
never attempted." 31 

Peter Hollandare, who had been for some time residing in the 



28 Authorities agree in stating that lands on both sides of the Delaware had 
been purchased by agents of the New Haven colony, and it is supposed that the 
settlement on Salem Creek was within the limits of this purchase. 

38 The portion of country now purchased by the Swedes, extended from Cape 
May to the Narriticon, or Raccoon Creek. The purchase was made by the 
agents of the Navigation Company, yet the act may be considered as a part of 
the policy of the government. 

30 Acrelius. 

31 A late writer remarks in reference to the course of the Dutch at this period, 
" that Director Keift found it much easier and more economical to issue a paper 
protest than to equip a squadron or send an army. Beside this, by the charter of 
the West India Company, it had not the power to declare war or to commence 
hostilities, either against a foreign State or the native Indians, without the con- 
sent of the States General, and in case war should be waged against the com- 
pany or settlements, the States were only bound to furnish one half the means 
of equipping and manning a squadron for the occasion; after it went into 
service, the expenses of maintaining the armament were to be paid wholly by 
the company. This wise regulation of the money loving legislators of Holland 
had, perhaps, more to do in the preservation of peace, than any supposed phlegm 
or obtusity of feeling in the Dutch character." Ferris's Settlement on the 
Delaware. 



84 NEW SWEDEN. 

province, entered upon office as the successor of Minuet, but his 
term of service was but brief, as he returned to Sweden in the 
following year. He was a soldier by profession, and was after- 
wards appointed Commander of the Naval Asylum at Stockholm. 
It has been observed that his career was not marked by any act, 
either of injury or benefit to the colony. 32 

But there is reason to believe that an occurrence of some im- 
portance in the history of the period took place during the time of 
the administration of Hollandare. The purchase which had been • 
made on the eastern side of the Delaware, for the purpose of 
bringing the English under the control of New Sweden, had been 
followed by no immediate effects. But a circumstance soon oc- 
curred which afforded an opportunity for the adoption of more 
prompt and decisive measures. The settlement of the English 
had excited no less uneasiness in New Netherland, than in New 
Sweden, and Governor Keift had resolved upon a more summary 
mode of proceeding. As has already been mentioned, a force 
was despatched from Fort Amsterdam, with orders to disperse the 
English on the Delaware, and the Schuylkill ; a small body having 
also settled on the latter stream. 33 The Swedes resolved to aid 
and assist in the enterprize, and the result has already been seen. 
The English settlement was entirely destroyed. The fortunes of 
the colony at Varcken's Kill were no less singular than disastrous. 
The parent colony was too far distant to give them support and 
assistance, the Governor of New Albion, to whom they had 
acknowledged allegiance, was destitute of power, and two other 
States, who were jealous of each other, agreed in an attack upon 
the defenceless post. 34 



33 Ferris. 
33 The settlers on the Schuylkill are represented by some authorities as being 
a part of the colony from New Haven ; by others, as a company who had seated 
themselves there, under a Patent or other authority, from Lord Baltimore. The 
latter is the statement generally received. 

31 The statement that the attack upon the English was made in the time of 
Hollandare, is made upon the authority of dates. It is generally admitted that 
the attack was made in 1642, and the successor of Hollandare did not arrive in 
the province, according to the best authorities, until the beginning of the fol- 
lowing year. 



NEW SWEDEN. 85 

But the temporary junction between the Dutch and the Swedes 
though it resulted in the attainment of their immediate purpose, 
was followed by no union either of feeling or of action, between 
themselves. On the contrary, by directly involving their interests, 
it led to more decided opposition in their future course. 

Preparations had now been made by the government of Sweden 
for the fuller establishment and maintainance of government, with- 
in the limits of their province in America. The Queen issued a 
decree assigning a fund for defraying the expenses of government, 
and supporting the garrisons, and the several persons employed in 
the country. For these purposes there was appropriated the sum 
of two millions six hundred and nineteen Rix Dollars, which was 
to be raised each year, in Sweden, from an excise on tobacco. 35 
In the same year Colonel John Printz was appointed Governor, 
and he immediately departed for the province with a colony of 
settlers. His commission which was dated the 1 6th of August, 
1642, authorized him to assume the name or style of the Govern- 
or of New Sweden. 36 



Ds It was afterwards found that the amount raised in this manner was not 
more than half the sum mentioned, and also that a great part of the amount 
actually obtained, had been used for other purposes of the crown, particularly 
for the construction of the Chateau of Stockholm. During this period the ex- 
penses of the colonial government were defrayed from the revenues of the com- 
pany, it was therefore decreed by the Queen that the company should be re- 
funded, and in case the excise should not yield a sufficient revenue, the deficit 
was to be made up from other resources of the crown. Hazard's Register. 
36 [By the Queen.] " Aug. 20th, 1642. 

" To the liege subjeects and respective members of the Kingdom and the 
Chamber of Finance, greeting, as we have appointed Lieutenant Colonel John 
Printz, Governor of New Sweden, and have judged proper to give him soldiers 
and officers to assist him in discharging fully the duties of his station, and as 
we have arranged a certain appropriation for the support of his troops and then- 
annual pay, as you will perceive by the copy hereunto annexed, we therefore 
desire and command, that you will follow exactly our said resolution and regu- 
lations, and observe that each person employed in New Sweden shall receive 
his support according to the foregoing appropriation." By this regulation the 
Governor received the sum of Twelve Hundred Rix Dollars; a Lieutenant 
Governor, Sixteen Dollars a month; a Sergeant Major, ten; a Corporal, six; 
a gunner, eight; trumpeter, six; drummer five; to twenty-four soldiers, four, 
each; to a paymaster, ten; a secretary, eight; a barber, ten, and a provost, 
six. Swedish Documents. 



86 NEW SWEDEN. 

The Governor was furnished with ample instructions in which 
the course to lie pursued in the administration of government was 
fully set forth. 

He was directed to take care concerning the limits of the pro- 
vince, and to see that the full extent of territory was secured, both 
on the eastern, and the western side of the river. The contract 
made for lands on the eastern side was to be fully maintained, in 
order that the English people thereon might be attracted under 
the authority and power of her Majesty. Yet the Governor 
might endeavour to cause their removal, and for this purpose, "to 
work underhand as much as possible with good manners, and 
with success." 

In relation to police, government and justice were to be admin- 
istered in the name of her Majesty, and the Crown of Sweden. . 

The Governor must decide all controversies according to the 
laws, customs and usages of Sweden, and be governed by these 
also, in all other things. He was empowered to bring to obedience 
and order, all mutinous and disorderly persons who would not live 
in peace, and to punish great offenders, not only by imprisonment, 
and other punishment, but even with death, yet not otherwise than 
according to the ordinances and legal forms, and after having con- 
sidered and examined the case, and consulted with the most noted 
and prudent persons he could find in the country. 

He was to direct the operations of the settlers, according to his 
best discretion, so as to secure a good cultivation of the country, 
and to promote the advantage and profit of those interested therein. 
He might choose a place for his own residence, and also a situa- 
tion for building a fortress, but must pay particular attention that 
by such fortress the South River might be shut, or commanded. 
He was not to interfere with the Dutch in their possessions, and 
was to represent to them, that her Majesty had no other than rea- 
sonable and just intentions, seeking only to occupy and use the 
lands they had purchased from the legitimate proprietors. But if 
the Dutch should show hostile intentions, her Majesty (not being 
able to judge on the spot,) gave authority to the Governor to remove 
all disputes by friendly negotiation, and this not succeeding, " he 
might think of the means of repelling force by force." 

The Dutch colonists who had settled in the province under 



NEW SWEDEN. 87 

allegiance to the Crown of Sweden, were to retain the privileges 
that had been granted them, but they were to be removed to a greater 
distance from Fort Christina, if this could be done without actual 
compulsion. He was to treat the natives with humanity and 
mildness, to see that neither injustice or violence was done them, 
but on the contrary, to labor that these people be instructed in the 
christian religion and the divine service. 

He was required, above all, to labor and watch that he might 
render in all things to Almighty God, the true worship that is his 
due, and the glory, praise and homage which belong to him, and 
to take good measures that divine service should be performed 
according to the true confession of Augsberg, the council of Upsal, 
and the ceremonies of the Swedish Church; having care that all 
men, and especially the youth, be well instructed in all the parts 
of Christianity, and that a good ecclesiastical discipline be observed 
and maintained. The Dutch settlers might be indulged in the 
exercise of the Reformed religion. 

The Governor was exhorted in general terms, to comport him- 
self in a manner becoming a faithful patriot. 

From these instructions an opinion may be formed, not only 
as to the nature of the government that was to be established, but 
also, as to the claim of the Swedes, to the country they occupied. 

No mention is here made of a treaty with the English, or a 
purchase from the Dutch ; the claim as now presented, is only to 
lands that had been purchased from the Indians who are called 
"the legitimate proprietors." But such a claim, whether just in 
itself, or not, could scarcely be urged to much effect, by the 
Swedish settlers. No European people, not even the Swedes 
themselves, had paid any regard at their first appearance in the 
country, to the rights of the natives; lands were entered upon 
and possessed, without the least attention to their wishes or will, 
or if their claim was considered at all, it w r as merely as an inci- 
dent that would follow the superior right. According to a principle 
which had become incorporated into the code of international law, 
the claim of the natives could not be taken as a foundation of title. 
But had the case been otherwise, had the rights of the natives been 
'acknowledged as distinct and independent, or even superior, still 
the Swedes would have gained but little from such a concession. 



88 NEW SWEDEN. 

These rights had already been acquired by others. Such at least 
was the case in regard to a portion of the territory included in 
New Sweden. Godyn and Bloemmaert had purchased lands on 
both sides of the Delaware Bay, and the New Haven colony had 
obtained a similar claim. The natives, it would seem, were dis- 
posed to sell, as often as a purchaser appeared. 

The Government of New Sweden as set forth in the instruc- 
tions of Governor Printz, was perfectly simple in character. The 
laws and customs of the mother country were to be extended to 
the province, but the whole administration of law, both executive 
and judicial, was placed in the hands of a single individual, the 
Governor, only that in certain cases he was to act with a council 
selected by himself, from the "most noted and prudent persons" 
in the province. With these limitations, property, liberty, and 
life, were entirely at his disposal. 

The Governor selected for his residence a small Island on the 
Delaware which the natives called Tennacong, (the name has since 
degenerated into Tinnicum,) which Island was afterwards given to 
the Governor in fee. At this place the Governor erected a number 
of dwellings, and a fort, which he called Fort Gottenberg ; here 
was the Capitol of New Sweden. 

Governor Printz exhibited activity and vigor in the discharge 
of his duties. He was relieved from the necessity of carrying out 
his instructions in regard to the English colony, by the occur- 
rences that had taken place before his arrival, but he assumed im- 
mediate control, in this portion of the province. In order to 
provide against further encroachment, as well as for the more 
perfect fulfilment of the direction to " shut up the Delaware," a 
fort was erected on this border of the Delaware, not far from the 
mouth of the Varcken's Kill. 37 Three forts were thus erected 
upon the river, and were sufficiently armed and garrisoned, 38 and 

31 This Fort was erected by Printz soon after his arrival ; it was on the south 
side of Salem Creek, (otherwise called Varcken's Kill,) near its junction with 
the Delaware. The Fort was called Elfsborg, afterwards, from the number of 
musquitoes that infested the place, it came to be called Myggonborg. The 
name of the Fort is still preserved in the name Elsingborg or Elsingborough 
which now belongs to a township in the vicinity. 

'" Christina, Fort Cottenborg, and Elfsborg. 



NEW SWEDEN. 89 

under the management of Governor Printz the means at com- 
mand would be used to the greatest effect. He had no reluctance 
to oppose "force to force." All vessels passing the Swedish 
posts were compelled to cast their anchors, or lower their flags, 
not excepting, as it is said, those of the "noble West India Com- 
pany," and some of their vessels were injured by cannon balls, 
and were in eminent danger of losing their crews. 39 

The internal administration of Governor Printz was positive and 
rigid, and in some of his acts he not only exceeded the authority 
given in his instructions, but assumed an independence of the Swed- 
ish government itself. Yet some reason may be urged in extenua- 
tion of his course, at least in regard to certain particulars. A design 
was entertained by the government, to use New Sweden as a penal 
settlement, and a number of convicts and other offenders were 
sent to the province, to be employed in various ways. 10 Go- 
vernor Printz forbade a party of these emigrants to land, and 
compelled the commander of the ships to carry them back to 
Sweden. This assumption of power, however unwarranted, was 
probably the means of arresting a policy which must have proved 
inimical to order and government, and pernicious to the interests 
of the province. Had it been fully pursued, the mother country 
would have been freed from a number of vicious inhabitants, but 
New Sweden might have been rendered a reproach to the parent 
State, and a disgrace to the New World. 41 

It was not to be supposed that the authorities of New Nether- 



30 Hudde's Report. 

10 "The people who went or were sent from Sweden to America were of two 
kinds; the principal part of them consisted of the company's servants, who weie 
employed by them in various ways; the others we re those who went to the 
country to better their fortunes; they enjoyed several privileges, they were at 
liberty to build and settle where they thought proper, and to return home when 
they pleased. There was a third class consisting of malefactors and vagabonds. 
These were to remain in slavery, and were employed, in digging the earth, 
throwing up trenches, and erecting walls and other fortifications; the others had 
no intercourse with them, but a particular spot was chosen for them to reside 
upon." Campanius. 

41 For some years the Government continued to send convicts to New Sweden. 
but not in great numbers. 
12 



90 NEW SWEDEN. 

land would finally submit, and allow the country they had claimed 
and held, entirely to pass from under their control. They had not 
attacked the English upon the Delaware and the Schuylkill, in 
order that the advantages obtained, might be held by the Swedes ; 
and the positive and forcible measures of Printz, though causing 
delay, were not such as to secure submission. 

In 164G, Van Ilpendam, the Commandant of Fort Nassau, fell 
under the suspicion of want of fidelity, and in consequence, was re- 
moved from his place; but not long afterwards Andreas Hudde was 
ordered to the Delaware, and directed to assume the principal com- 
mand. Hudde was active and vigilant, and speedily adopted mea- 
sures for regaining possession of the country, and for the recovery 
of trade. A principal means by which the Swedes and the Dutch 
conducted their opposition, was the agreements they made with the 
Indian tribes ; by these, new claims were acquired to portions of 
land, and also to certain privileges in traffic. In the pursuance of this 
singular strife, the Dutch became possessed of portions of territory 
near to the seat of Swedish authority, and the arms and insignia 
of the West India Company were erected thereon. 42 This pro- 
ceeding excited immediate opposition on the part of the Swedes ; 
the offensive ensign was torn to the ground, and Governor Printz 
declared, that he would have done the same had it been the colors 
of their High Mightineses, the States General of Holland. He 
also addressed a protest to Hudde, warning him " to discontinue 
the injuries of which he had been guilty against the Royal Majes- 
ty of Sweden, my most gracious Queen; not showing the least 
respect to her Royal Majesty's magnificence, reputation, and 
dignity." Hudde disclaimed all intention of encroaching on the 
rights of the Swedes. "The place we possess," he said, "we 
held in just deed, perhaps before the name of the South River was 
heard of in Sweden." Angry contention only short of actual 
violence ensued. Printz was imperious and passionate, and 



12 In pursuance of special direction, Hudde had purchased of the natives a 
tract of land on the western shore, "about a mile distant from Fort Nassau, to 
the north." It is supposed to have been the site on which the city of Phila- 
delphia now stands. See Ferris's Settlement on the Delaware, p. 74. 



NEW SWEDEN". 



91 



Hudde unyielding and positive. But the crisis which seemed to 
be threatened was deferred for a time. 

The situation of affairs in New Netherland at this juncture, was 
not favorable to a vigorous prosecution of its claims, and the repre- 
sentations and demands of the Commandant on the Delaware, call- 
ing for assistance and support, did not meet with a ready response. 
Director Keift had become involved in difficulties which for the 
time, diverted attention from the encroachments of the Swedes ; 
the resources of his province were consumed by the long con- 
tinuance of the Indian war; much dissatisfaction with his measures 
was felt and expressed by his own people, and the English upon 
his northern possessions continued to strengthen their settlements, 
and to urge their claims. 

The people at New Haven had been greatly excited on ac- 
count of the destruction of their colony on the Delaware, by the 
Dutch and the Swedes, and measures had been immediately 
adopted for obtaining redress. A statement setting forth the in- 
juries they had sustained, was introduced to the notice of the 
Commissioners of the United Colonies of New England, and the 
subject was presently taken up in that body. 43 Upon full con- 
sideration, it was resolved, that letters should be directed to the 
offending parties, reciting the facts, and demanding satisfaction." 
Accordingly, in September, 1643, letters were written both to 
Governor Keift, and Governor Printz ; these letters were signed 
by John Winthrop, Governor of Massachusetts colony, and Pre- 
sident of the Commissioners for the United Colonies of New 



« The union between the several colonies of New England was formed in 
1 643. It was designed for mutual defence against the Savages, and for protec- 
tion and security against the claims and encroachments of the Dutch. The 
parties to the confederacy were Massachusetts, New Plymouth, Connecticut and 
New Haven. By the articles of confederation, the colonies entered into "a 
firm and perpetual league of friendship and amity for offence and defence, mutual 
advice and succour upon all just occasions, both for preserving and propogating 
the truth and liberties of the Gospel, and for their own defence and welfare." 
The affairs of the United Colonies were to be managed by a legislature to con- 
sist of two persons, to be styled Commissioners, to be chosen by each colony. 
It was to this legislature that the application from New Haven was made. 
il For the recital, see note, p. 7i. 



92 NEW SWEDEN. 

England. Some months afterwards answers were received from 
each of these parties, but they were evasive, and gave little satis- 
faction; and the New Haven colonists were obliged to await a 
more favorable opportunity for the pursuance of their claims in 
this particular case. But in 1646 they made a new acquisition, 
purchasing lands not far from the Hudson River, and erecting a 
fort ; by this movement a long altercation was brought on, be- 
tween Director Keift, and Eaton, the Governor of New Haven. 
The former declared " that we are forced again to protest and by 
these presents we do protest, against you as breakers of the peace, 
and disturbers of the public quiet," and he also threatened, that 
unless the New Haven people should restore the places they had 
taken, and repair the losses the Dutch had experienced, the latter 
people would manfully recover them by such means as were 
within their power, and would hold the English responsible for 
all the evils that should ensue. In his answer, Governor Eaton 
denied that he had entered upon lands to which the Dutch had 
any known title, he alluded to the injuries and outrages done to 
the people of New Haven, both at the Manhattans and on the 
Delaware, and .concluded with an offer to refer all difficulties 
between his people, and the Dutch, to the decision of any compe- 
tent authority, either in America or in Europe. Not long after- 
wards the correspondence between these parties was laid before 
the Commissioners of the New England Colonies, at a meeting 
held at New Haven, and the matter at issue, together with other 
differences between the English, and the Dutch, became subjects 
of earnest attention. The Commissioners afterwards addressed 
a letter to Director Keift, mentioning the difficulties that had oc- 
curred on the Connecticut River, and also the recent proceedings 
of their confederates of New Haven, and expressed an opinion that 
the answer of Governor Eaton, was fair and just. The final 
reply of Director Keift was expressed in terms of far more vehe- 
mance, than strength, yet it seemed to proceed from a real convic- 
tion that there was justice in his claim. 45 

But the administration of Director Keift was drawing: to its 



,s O'CaUaghen, p. 365. 



NEW SWEDEN. 93 

close. Strong complaints had been made against him, and trans- 
mitted to the Directors of the West India Company; he was 
charged not only with mismanagement, but also with the greatest 
abuse of his powers. It is certain that the course he pursued 
brought serious misfortunes upon the province. In the war with the 
Indians the population was reduced, and debt was incurred, and in 
consequence the colonists were subjected to numerous and heavy 
exactions. His own people became enfeebled, whilst the neigh- 
boring colonies were waxing in strength. The Governor was 
active, but his activity frequently ran into rashness, and his zeal 
was of a kind that often Avore the appearance of passionate impulse. 
Keift was removed from office in 1640, and in the following 
year departed from the province to return to Holland; but the ship 
with all on board were lost on the voyage. 



CHAPTER VI. 



NEW NETHERLAND, NEW SWEDEN, AND NEW ENGLAND. 



Peter Stuyvesant was next appointed as Director in Chief in 
New Netherland. His commission was dated on the 26th of July, 
1646, and included the province of New Netherland, and the 
Islands of Curacoa, Bonaire and Aruba, on the Spanish Main. 
He arrived in the country in May, 1647. He had long been 
employed as a military officer in the service of Holland, and was 
reputed to be courageous, prudent and firm. 

At an early period the new Director applied himself to a re- 
moval of the difficulties and dangers with which the province was 
surrounded, from the hostile dispositions of the Indians, and the 
doubtful attitude of the English, and the Swedes. He concluded 
a treaty of peace with the natives which continued unbroken 
during the whole of his administration. 1 But the differences with 
the English were not of a nature to be readily terminated ; at this 
time, the principal matters in dispute related to the claims of New 
Haven and Connecticut, to the ownership, and exclusive posses- 
sion of lands. 

The New Haven people were not disposed to relinquish the 
claims they had advanced to lands upon the Delaware, and in 
1649, Governor Eaton, on behalf of the colony, made a new ap- 
plication to the New England Commissioners. He proposed that 
effectual measures should be immediately adopted for securing the 
rights of New Haven, by taking possession of the territory in 
question, and planting colonies thereon. The Commissioners did 
not agree at the time, to engage in any attempt for the purpose 
proposed, but they recognized the rights of the people of New 

1 Frost's History, vol. 2., p. 47. 



NEW NETIIERLAND. 95 

Haven to lands on the Delaware, and left the owners at liberty to 
cultivate their interests therein, in such manner as they should 
deem proper. 2 

The Director of New Netherland did not fail to perceive that 
the aspect of affairs was threatening, and he endeavored to pro- 
vide for the danger. Application was made to the West India 
Company, for the necessary authority and aid, but the corporation 
refused to give sanction to any measures of violence or force. 
"War," they said, "cannot in any event be to our advantage; the 
New England people are too powerful for us." 3 

Negotiation was therefore resorted to, and Stuyvesant himself, 
repaired to Hartford in order to effect an adjustment of the points 
in dispute. A conference with the Commissioners led to a resolve 
that Delegates should be appointed who were to represent the in- 
terests of thair respective parties, and to devise some plan of agree- 
ment. After long discussions, articles of agreement were con- 
cluded upon by the delegates, on the 19th of September, 1650. 



a Extract from the proceedings of an extraordinary meeting of the Commis- 
sioners for the United Colonies, held at Boston, July 23d., 1649. 

From New Haven general court, it was propounded to the Commissioners 
what course might be taken for the speedy planting of Delaware Bay. The 
title some merchants at New Haven have by purchase from the Indians, to con- 
siderable tracts of lands on both sides of the river, was opened ; and the Com- 
missioners did read and consider what had passed at a former meeting of theirs, in 
Anno Domini 1643. A writing delivered into New Haven Court, by Mr. Leech, 
concerning the healthfulness of the place, the goodness of the land, conveniency 
of the lesser rivers, with the advantage of a well ordered trade there, was also 
perused. The Commissioners with the premisses considering the present state 
of the colonies, the English in most plantations already wanting hands to carry 
on their necessary occasions, thought fit not to send forth men to possess and 
plant Delaware, nor by any public act or consent, to encourage, or allow the 
planting thereof; and if any shall voluntarily go from any of the colonies to 
Delaware, and shall without leave and consent of New Haven, sit down upon 
any part or parts thereof, or in any other respect shall be injurious to them in 
their title and interests there, the colonies will neither protect nor own them 
therein. The New Haven merchants being notwithstanding left to their just 
liberty, to dispose, improve, or plant the land they have purchased in those parts 
or any part thereof as they shall see cause. Hazard's Register, vol. 1., p. 17. 
3 Bancroft's History, vol. 2., p. 295. 



96 NEW MOTHERLAND. 

This agreement was in the nature of a provisional treaty, to be 
confirmed by the respective governments in Europe. It gave to 
the English the whole of the territory on the Connecticut River, 
except such portions as were actually possessed by the Dutch. 
Long Island was also divided' between the two nations. 4 

In regard to the interests of the New Haven claimants, the 
agreement was quite indecisive ; it left the matters in issue nearly 
in their original condition. It was stated that for the time, the 
parties were left at liberty to improve their interests for planting 
and trading as they should see cause. 5 



4 Frost's History, vol. 2., p. 47, Bancroft's History, vol 2., p. 295. 
5 Articles of agreement made and concluded at Hartford upon Connecticut, 
September 19th, 1650, betwixt the delegates of the honored Commissioners of 
the United English Colonies, and the delegates of Peter Stuyvesant, Governor 
General of New Netherland. 

1. Upon serious consideration of the difference and grievances propounded by 
the two English colonies of Connecticut and New Haven, and the answer made 
by the honored Dutch Governor, Peter Stuyvesant, Esq. According to the trust 
and power committed unto us as Arbitrators or Delegates betwixt the said parties, 
we find that most of the offences or grievances were things done in the time and 
by the order and command of Monsieur William Keift, the former Governor, and 
that the present honored Governor, is not duly prepared to make answer to them; 
we therefore think meet to respite the full consideration and judgment concerning 
them, till the present Governor may acquaint the High and Mighty States and 
West India Company, with the particulars, that so due reparation may accord- 
ingly be made. 

2. The Commissioners of New Haven complained of several high and hostile 
injuries which they and others of that jurisdiction have received from and by 
order of the aforesaid Monsieur Keift, in Delaware Bay and River, and in their 
return thence as by their former propositions and complaints may more fully 
appear; and beside the English right claimed by a patent, presented and showed 
several purchases they have made on both sides the Piver and Bay of Delaware 
of several large tracts of land unto and somewhat above the Dutch house or fort 
there, with a consideration given to the said Sachems and their companies, for 
the same acknowledged and cleared by the hands of the Indians, whom they 
affirmed were the true proprietors, testified by many witnesses; they also affirmed 
that according to their apprehensions, they have sustained £1000 damages, 
partly by the Swedish Governor but chiefly by order from Monsieur Keift, and 
therefore required due satisfaction and a peaceable possession of the aforesaid 
binds to enjoy and improve according to their just right. The Dutch Governor 



NEW NETHERLAND. 97 

Under these circumstances, the New Haven colony resolved 
that another attempt should be made to establish themselves upon 
their territory, and early on the following year a company departed 
for the Delaware. They had received a commission from Governor 
Eaton, who also wrote an amicable letter to the Governor of New 
Netherland, giving him information of the object in view, and also 
stating, that in accordance with the agreement at Hartford, the set- 
tlers would occupy their own lands, and give no disturbance to 
others. But Director Stuyvesant was resolved that no advantage 
should be drawn by his opponents from the treaty that had been 
made, and when the English presented themselves at the Manhat- 
tans, he immediately caused them to be arrested, and their vessel 
secured. He also compelled them to enter into an engagement not 
to proceed to the Delaware, and threatened, that if any English 
should be found there, they should be seized, and sent prisoners 
to Holland. The company were without the means of resistance, 
and were obliged to return to New Haven. 

Directly upon their return, a petition was prepared and addressed 
to the Commissioners of the United Colonies, setting forth the in- 
jury that had been done by the Dutch, and asking that some course 
should be adopted, for defending the property and persons of the 
petitioners, and for maintaining "the honor of the English nation." 6 

by way of answer, affirmed and asserted the right and title to Delaware or the 
South River, as they call it, and to the lands there as belonging to the High 
and Mighty States and the West India Company, and professed that he must 
protest against any other claim; but is not provided to make any such proofs as 
in such a treaty might be expected, nor had he commission to treat or conclude 
any thing therein ; upon consideration whereof, we the said Arbitrators or Dele- 
gates wanting sufficient light to issue or determine any thing on the premises, 
are necessitated to leave both parties in statu quo prius to plead and improve 
their just interests at Delaware for planting and trading as they shall see cause; 
only we desire that all proceedings there as in other places, may be carried on 
in love and peace, till the right may be further considered and justly issued 
either in Europe or here, by the two States of England and Holland." 

The agreement made by the colonies was never ratified. It was assented to 
by the Government of Holland, but was not confirmed in England. — Bancroft. 
5 " To The Honored Commissioners for the United Colonics noio assembled at 

New Haven: 

" The Honorable Petition of Jasper Graine, William Tuttill and many 
13 



98 NEW NETHERLAND. 

After considering the matters presented in the petition, the Com- 
missioners resolved, that a letter should be directed in their name, 
to the Director of New Netherland. In this communication they 
stated, that the conduct of Stuyvesant was regarded by all the 
colonies as directly contrary to the agreement he had made ; that 
the New Haven settlers had only designed to improve their just 
rights, and that the terms of the treaty expressly allowed of plant- 
ing and trading upon lands, as the parties might choose. They 
also demanded that satisfaction should be made to their friends 
and confederates, for the damage that had been done. But the 
Commissioners informed the people of New Haven, that they did 
not think meet at the time, to enter into any engagement against 



other inhabitants of New Haven and Sotocket." After some preface the Petition 
proceeds, " and whereas your petitioners streightened in the respective planta- 
tions, and finding this part of the country full, or affording little encouragement 
to begin any new plantations for their own comfort and convenience of posterity, 
did upon a serious consideration of the premises and upon encouragement of the 
treaty between the honorable Commissioners and the Dutch Governor, the last 
year at Connecticut by agreement and with consent of the said merchants and 
others, resolve upon a more difficult remove to Delaware ; hoping that our aims 
and endeavours would be acceptable to God and to his people in these colonies, 
being assured our title to the place was just ; and resolving (through the help of 
God) in all our carriages and proceeding, to hold and maintain a neighborly cor- 
respondence both with the Dutch and Swedes, as was assured them both by the 
tenor of the Commissioners, and by letters of the honored Governor of this 
jurisdiction; to these ends, and with these purposes preparations were made, 
in the winter, a vessel was hired, and at least fifty of us set forward in the spring 
and expecting the fruit of that wholesome advice given at Hartford the last 
year in the case by the Manhattoes, which we might have avoided, and from 
our honored governor presented a letter to the Dutch Governor, upon perusal 
whereof, (without further provocation) he arrested the two messengers and 
committed them to a private house, prisoners under a guard, that done, he sent 
for the master of the vessel to come on shore to speak with him, and committed 
him also, after which two more of the company coming on shore and desiring 
to speak with their neighbors under restraint, he committed them as the rest, 
then desiring to see our commissions and copy them out, promising to return 
them the next day, though the copies were taken, and the commissions demanded, 
he refused to deliver them, and kept them, and the men imprisoned till they 
were forced to engage under their hands not to proceed on their voyage to the 
Delaware, but with loss of time and charge, to return to New Haven." &c. 



NEW XETHERLAND. 99 

the Dutch, choosing rather " to suffer affronts for a while than to 
seem to be too quick;" yet if the petitioners should think proper 
to attempt the improvement of their lands at any time within 
twelve months, and for that purpose, should, at their own charge 
transport together one hundred and fifty, or at least one hundred 
able men, armed in a proper manner, that in case they should 
meet with any opposition from the Dutch, or the Swedes, the 
Commissioners would assist them with such a number of men as 
should be thought meet. 

But the Director of New Netherland stood firm to his purpose. 
He insisted that according to the terms of agreement, affairs were 
to remain in their former state, and that no improvement should 
be made which would change, in any respect, the rights of the 
claimants ; and he declared in a letter to Governor Eaton, that he 
would resist, even to the last extremity, any attempt to settle or 
plant upon the lands in dispute. 

The people of New Haven made various attempts to strengthen 
their interests, and to maintain their claims, they applied to their 
confederates both singly, and in union, but no decisive result was 
obtained; the opposition between New England, and New Neth- 
erland was constantly increasing in strength, but the period of 
crisis had not yet arrived. 

The attention of Governor Stuyvesant was now directed to 
making provision for the vindication of the claims of the Dutch, 
against the demands and advances of the Swedes. The latter 
people continued to hold possession upon the Delaware ; they had 
secured a great portion of the trade of the country, and had com- 
pelled the Dutch to submit to numerous indignities. But Stuyvesant 
was little disposed to passive submission, or further forbearance. 
By his direction, a tract of land was purchased from the Indians, in 
the name of the States General and the West India Company, lying 
between Christina Creek and Bomptie's Hook, and by this move- 
ment an opportunity was given to the Dutch, to penetrate nearly 
to the heart of the Swedish settlements. 7 Preparations were also 
made for erecting a fort. 



7 This purchase was made on the 19th of July, 1651. 



100 NEW NETHERLAND. 

These vigorous proceedings gave much alarm to the Swedish 
authorities ; and Governor Printz immediately protested against 
them; the lands, he said, were the property of the Swedes, by 
rightful purchase. But no more regard was paid to the Swedish 
protest, than a similar instrument had formerly received, from the 
Swedes themselves ; the Dutch persisted in their course, and soon 
completed their fort; it was placed but a few miles from the 
primitive seat of Swedish authority. It was called Fort Casimer. 

Governor Printz had sufficient discernment to perceive, that his 
authority would be wholly and quickly subverted, unless the 
movements of the Dutch could be checked; he therefore des- 
patched some agents to Sweden, with orders that full information 
should be given to the government, of his perilous condition. 8 
But before the support he required, could be expected to arrive, the 
Governor, who was hasty and impatient, became wearied with 
delay, and resolved to depart from the province. He had formerly 
intimated a desire to relinquish the government, and his present 
departure was probably in pursuance of his previous design, yet 
the abandonment of his post at the present conjuncture, was not 
calculated to confirm the opinion which his superiors seem to 
have held, in favor of his character and conduct. He had rendered 
himself unpopular in the province by his rigorous exercise of 
power. He departed in 1653, and deputed his authority to his 
son-in-law, John Pappegoia. 9 

In the mean time, before it was known in Sweden, that Printz 
had surrendered the government, measures were adopted for the 
releif of the province, and an assistant to the Governor appointed. 
The individual who was chosen for this situation was John 
Rysing. 10 He received his commission in 1653, and ample in- 



8 Ferris' Settlements, p. 79. s Clay's Annals, p. 25. 

10 " Ujysul, Dec. 12///., 1653. 
" We Christina, &c. make known that having elected our very faithful sub- 
ject John Rysing, formerly Secretary of the General College of Commerce, to 
make a voyage to New Sweden, in order there to aid for a certain period our 
present Governor of the said country, agreeably to the orders and instructions 
which he has received from the said College, and being willing that in conse- 
quence of the hazard and fatigue he will experience during so long a voyage — 



NEW NETHERDAND. 101 

structions were also given, directing the course to be pursued by 
the government. 

The Governor was directed to be careful that the South River 
should be fortified, protected and defended, as far as practicable. 
He was to extend the limits of the country, if this could be done 
with prudence and propriety, without hostility, or any risk to 
what was already possessed. With respect to the fortress that 
the Dutch had built upon the coast, (Fort Casimer,) if he could 
not induce them to abandon it by argument, and serious remon- 
strances, and without resorting to hostilities, he should avoid the 
latter, and confine himself solely to protestations ; suffering the 
Dutch to occupy the fortress, rather than it should fall into the 
hands of the English, who it was said were more powerful, 
and therefore more to be dreaded in the country. But it would 
be proper to construct a fortress nearer the mouth of the river, 
below that of the Dutch, in order to defend the passage, and render 
theirs useless. But the mildest measures only, were to be em- 
ployed. 

To encourage the cultivation of land in New Sweden, her 
Majesty resolved and ordained, and the Governor on the part of 
her Majesty, was to give assurance, that all who should wish to 
purchase either from the company, or the savages, as her subjects, 
recognizing the jurisdiction of the Crown of Sweden, should enjoy 
in respect to the lands thus purchased, all franchises and allodial 
privileges, both themselves and their descendants, forever; being 
assured that they should be admitted into the company, or other- 
wise secured in the franchises aforesaid. Nevertheless, no one 
should enter into possession of land without the sanction of the 
Governor, in order that no one should be deprived improperly, 
of what he already possessed. 



that his pay and support be there rendered therein, we command that the 
Sieur John Rysing, in virtue of this letter patent, and in the capacity of Com- 
missary of the said General College of Commerce, shall receive annually the 
sum of Twelve Humdred Dollars in silver, in addition to the special appoint- 
ments which he may receive from the Company of the South." Rysing also 
received the sum of One Hundred Rix Dollars for his equipment and voyage. 

Hazard's Register. 



102 NEW NETHERLAND. 

Some changes were also made in the Constitution of the Go- 
vernment. The military, was separated from the civil department, 
and provision was made for a permanent Council, to act with the 
Governor. 

It was ordered, that before the present Governor should leave 
the country, he should render to the Commissary Rysing, an exact 
account of all the affairs -of justice and police, and of the revenues 
of the company, and all similar matters. That he should in the 
mean time, and until new orders were received, resign into the 
hands of John Amundson, (who went out at the same time with 
Rysing,) all that relates to the military, and to the defence of the 
country; establishing also a Council formed of the best instructed 
and most noble officers in the country, of which Rysing should 
be Director, in such manner however, that neither he in his 
charge, or John Amundson, as governor of militia, in his, should 
decide or approve any thing without reciprocally consulting each 
other. The Governor, in case of his leaving the country, should 
give written instructions to the subordinate officers, in order, that 
the government might be duly administered. But if the Governor 
should remain longer in the province, he should accept as Com- 
missary, and Assistant Counsellor, the aforesaid John Rysing, 
and for the Council those whom he should judge the most proper; 
and that all affairs should be decided after due deliberation, and 
with unanimous agreement. 

Upon the arrival of Rysing, it was found that the Governor had 
already departed, and had left authority in the hands of Pappegoia. 
The latter was superseded upon the arrival of Rysing, and after 
remaining for a time in a subordinate situation, departed from the 
province. 

Rysing, who was now the principal in command, assumed the 
title of Governor, or Director General, and with it, a degree of 
authority not warranted by the instructions that had been given. 
The direction of military affairs, and all that related thereto, had 
been expressly assigned to another individual, but Rysing retained 
the entire control; he also proceeded to exercise his powers in a 
prohibited case. The instructions he had brought to the province, 
directly forbade that any hostile attempt should be made to effect 
the removal of the Dutch, from their fort on the coast. But Rysing 



NEW NETHERLAND. 103 

resolved upon a different course, and an attack upon Fort Casimer 
was one of his earliest acts. 11 He landed a company of thirty 
men, advanced to the fort, and gaining admittance either by false- 
hood or force, demanded an immediate surrender. 12 The Com- 
mander was not in possession of the means of resistance, and was 
compelled to yield up the post; all persons in the fort were allowed 
to depart, but if any should choose to remain, they were promised 
that full protection should be given them, upon taking an oath of 
allegiance to the Crown of Sweden. The reduction of Fort 
Casimer having been effected on Trinity Sunday, the captors 
gave to the works the name of Trinity Fort. 

After this conquest, Commander Rysing applied himself to 
strengthen and secure the Swedish authority, in the province. 
Fort Casimer, or Trinity Fort, was rebuilt and extended, and 
measures were adopted for placing the people in friendly relations 
with the Indian tribes. To these transactions a period of calm 
succeeded, which some historians have interpreted as a proof, that 
an agreement had been entered into between the Dutch, and the 
Swedes, in which the several matters in dispute were fully ad- 
justed. 13 But the calm was only the precursor of storm. 

The Governor of New Netherland had been deeply moved by 
the injury which he conceived to have been done, in the attack 
upon Fort Casimer, and he only awaited the reception of the 
proper authority, and the completion of the needful preparations, 



11 Acrclius and other authorities represent, that the attack on Fort Casimer 
was made by Rysing at his first appearance in the Delaware. But then, he 
could not have been ignorant of the tenor of the instructions that had been 
given, and if such a «tep was ventured upon before he had become properly 
invested with authority, or had entered upon office, the act was only the more im- 
prudent and improper. 

« By some it is said, that the place was taken by storm, others assert, by 
stratagem. 

13 Campanius says that the differences between Rysing and Stuy vesant in the 
year 1654, appear to have been amicably settled; and this view is also adopted 
by Clay, who remarks in reference to subsequent movements, " that there seems 
to have been a want of good faith, or at least the practice of some deception, on 
the part of the Dutch." Nothing is known to warrant the imputation of 
treachery, except the apparent quietude of the Dutch. 



104 NEW NETHERLAND. 

to make a decisive vindication of his claims. Hostilities were 
not to be entered upon without the assent of his superiors, but 
this assent was readily gained, the West India Company trans- 
mitted an order directing the Governor to "revenge their wrong, 
to drive the Swedes from the river, or compel their submission." 14 
Stuyvesant prepared to obey the direction ; he collected a force of 
seven vessels, with more than six hundred men, and assuming the 
command in person, departed for the Delaware. In September, 
1655, the squadron arrived, and the Commander directly presented 
himself before Trinity Fort, and demanded a surrender. Resis- 
tance against such a force would have been fruitless, and honor- 
able terms of capitulation were granted. Not long afterwards 
Christina fell in a similar manner. 15 

The Island of Tennekong was next approached, and Gottenberg 
the fort, with the Governor's residence, and all the improvements 
on the Island, fell into the hands of the conquerors. New 
Sweden was completely subjugated, and the change of condition 
that followed, was quietly submitted to. No measures of active 
resistance are known to have been taken, either in the province 
itself, or by the government of Sweden, excepting only the publi- 
cation of a protest, in the following year, by the Swedish Em- 
bassador at the Hague. 16 But this declaration was productive of 
no effect. The province was lost. 



" Bancroft, vol. 2, p. 297. 

15 For the terms of surrender, see Acrelius. They are also given in full in 
Ferris's Settlements, p. 94. 

16 [Protest.] " The underwritten resident of Sweden doth find himself obliged 
by express order, to declare unto their High and Mighty Lordships herewith, 
how that the Commissioners of the West India Company of this country in the 
New Netherlands, now the last summer did unexpectedly assault by force of 
arms the Swedish colony there, taking from them their forts, and drove away 
the inhabitants, and wholly dispossesed the Swedish Company of their district. 
It is true and without dispute, that the Swedish Company did acquire optimo 
tituh juris that part which they possessed, and did buy it of the natives, and 
consequently had possession of it for several years ; without that the West India 
Company of these countries did ever pretend any thing. Wherefore the said 
resident doth not doubt but these hostilities will very much displease their High 
and Mighty Lordships, and doth desire in the name of his most Gracious King 



NEW NETHERLAND. 105 

The attempt of the Swedish Government to settle their people 
before any assurance had been gained of a right to the territory 
they entered upon, was hazardous and unwise. If some feeble 
attempts at negotiation had been made with the previous claimants, 
there is nothing to show that any positive agreements were ever 
concluded with them ; no such agreements were afterwards urged ; 
the Swedes defended their claims entirely upon the ground of the 
native right; even in their last protestation, they set forth their 
title as being derived "optimo titulo juris," a purchase from the 
natives. But this had never been acknowledged by European 
nations as giving a sufficient right, and in the present case, it had 
also passed, to a great extent, into other hands. 

Beside their first and principal error, the conduct of the colonial 
authorities was not such as was favorable to a quiet establishment 
in the country. Minuet treated the protest of the Dutch with utter 
disdain; Printz was imperious and provoking, and Rysing, in the 
face of positive instructions to the contrary, entered upon a course 
of actual hostilities. As has been well remarked, New Sweden 
took the sword, and it perished with the sword. » 

Arrangements were immediately made by Director Stuyvesant 
for the government of New Sweden. Before his departure from 
the Delaware, he placed a Commissary in temporary command, but 
on his return to New Amsterdam, he gave a commission to John 
Paul Jacquet to be Governor; he was instructed to take care of 
trade, and keep order among the people. He chose Fort Casimer 
for his residence, and Andrias Hudde, the former Commissary at 
Fort Nassau, was appointed his Counsellor. 18 

During these proceedings on the Delaware, events had occurred 
in another direction which now required the attention of the 
Director of New Netherland. It has been seen that the provi- 



and Lord, that their High and Mighty Lordships would be pleased to take some 
speedy order for the redressing of such unlawful proceedings, as the justice, the 
mutual amity between both nations, and the consequence of the business require 
and is expected from their high wisdoms, whereby the Swedish Company may 
be restored undemnified. u A 

Jri. Apple boom. 
"Done at the Hague the 22d March, 1656, (N. S.)" 

17 Ferris's Settlements. I8 Acrelius. 

14 



100 NEW NETHERLAND. 

sional treaty which was concluded in 1050, between the English 
and die Dutch, had failed as a measure of peace; indeed it had 
proved, in regard to some of the colonists, an occasion of increased 
offence. And besides the causes of disunion which that agreement 
was designed to remove, there were others of a different character, 
and entirely beyond its scope. The two nations were not only 
adverse in interest, but were also totally unlike in their institutions 
and character, and dispositions unfavorable to harmony, if not 
actually cherished, were yet rapidly increasing in strength. Their 
European connexions also had become unsettled, and in 1052 
open hostilities broke out between England and Holland, a cir- 
cumstance which could hardly fail to give greater intenseness to 
the feelings of the colonists. Beside this, a rumor became preva- 
lent that the Dutch had engaged in a plot with the Indians in all 
parts of the country, for the purpose of destroying the entire 
population of New England. The intelligence of the agreement 
was derived from the Indians themselves, and under the circum- 
stances of the time, when much irritation already existed, the rumor 
was readily credited. It was also supposed to be strengthened by 
an additional circumstance. The Governor of New Netherland 
directed a letter to the several colonies of New England, proposing 
that neutrality should be observed between them and the Dutch, 
during the continuance of the war in Europe, unless positive orders 
to the contrary, should be given. This proposal was regarded as 
an evidence of treachery, rather than as showing a desire for peace. 
Alarm was excited among the English settlers, and a special meet- 
ing of the United Colonies was called, which accordingly con- 
vened at Boston, in May, 1053. 

After examining the evidence in regard to the designs of the 
Dutch, a majority of the Commissioners declared themselves in 
favor of war. But Massachusetts, the strongest, but most remote 
of the colonies, either in the exercise of a sounder judgment, or 
from a feeling of greater security against the menaced attack, re- 
fused to resort to hostile proceedings. At the suggestion of her 
deputies, a person was despatched to the Governor of New Neth- 
erland, to demand from him an explanation of his conduct and 
course. 

Upon the reception of the messenger, Stuyvesant expressed 



XEW XETHERLAND. 107 

himself in relation to his errand, and the charge that was made, in 
terms of the greatest indignation and warmth. He asserted his 
innocence and rectitude; he had sought, he said, nothing but 
peace and good neighborhood, yet if he must be driven to ex- 
tremities, he had confidence that a just God would enable him to 
stand, in making a righteous defence. His reply was reported at 
a second meeting of the Commissioners of the Colonies, and was 
declared to be evasive, and not satisfactory. The majority 
again resolved upon war, but the deputies from Massachusetts 
persisted in dissent, and the general court of that colony upheld 
their representatives, and even went farther. It was resolved, 
that no determination of the Commissioners, though all should 
agree, should bind the colony to engage in hostilities. 

Disappointed of the aid they expected to receive from their 
principal confederate, the remaining colonies were prevented from 
the prosecution of their purpose. 

But Connecticut and New Haven resolved upon seeking assis- 
tance in a "different quarter. Cromwell, who had acquired the 
principal control of affairs in England, was actively engaged at 
the time, in urging hostilities with Holland, and to him application 
was made. 19 Falling in with his present designs, the application 

" [Extract from the letter of William Hooke to Lord General Cromwell^ 
"The bearer hereof, Captain Astwood, a man very desirable and useful 
amongst us, can acquaint your Lordship with our affairs, and the tottering state 
of things in these ends of the earth, where the lines are fallen to us, concerning 
which I have written to you in a letter dated, I suppose, about a month before 
this, which I hope will come to you. Briefly, whereas our Four Colonies, The 
Bay, Plymouth, Connecticut, and New Haven have stood combined by a solemn 
agreement, for which many prayers were put up to Heaven, and many thanks 
returned to God, when it was effected, and which hath continued inviolate for 
the space of ten years to the terror of our enemies, whether Dutch or Indians ; 
it is so, that the late treaty of the Commissioners for the aforesaid colonies, (of 
whom this bearer was one,) concerning the undertaking of a war against the 
Dutch, hath after several agitations and discussions of the point, occasioned the 
Bay to desert us, (a colony near equal in greatness to the other three,) and to 
break the brotherly covenant, refusing to join in a military expedition against 
the Dutch, and lately against the Indians also, from whom we have received 
much injury and contempt. The truth is, the decliners fear their own swords 
more than the Dutch or natives, or the displeasure of the State of England, 
concerning that if the sword be once drawn it will bear rule no less in our 



108 NEW NETHERLAND. 

was favorably received, and a squadron was sent over to aid and 
support the colonists, and instructions were given to the comman- 
der to address himself to the Governors of the several colonies, 
and request their concurrence. 

But a peace was soon afterwards concluded between the belli- 
gerents in Europe, information of which was received in New 

England than in yours, and so the magistrates in the general court in the Bay, 
fear that they shall bear the sword in vain. In the mean time we are like to 
feel the sad effects thereof, for great discontents are risen in the minds of many, 
who are willing to shake off all yokes, and utterly averse to pay the vast charge 
of the late long fruitless Commissioners. A language of mutiny and sedition, 
and of renouncing the present authority, is heard amongst us, whereby we are 
endangered as well from within as from without our selves, and great fractures 
and disjunctures are threatened, and the great changes hastening upon us 
whereof Mr. Cotton spoke on his death bed, upon occasions of the comet, which 
shined many nights during his sickness, and extinguished about the time of his 
dissolution. Trade is obstructed, commodities (especially clothing,) very scanty, 
great discouragements upon the most if not all. It is strongly apprehended by 
the intelligent among us, that our cure is desperate if the Dutch be not removed, 
who lye close upon our frontiers, so that we and our posterity (now almost pre- 
pared to swarm forth plenteously) are confined and strengthened, the sea lying 
before us, and a rude rocky desert unfit for culture, behind our backs. Our 
danger also from the natives is great, to whom these ill neighbors have traded 
and still do, multitudes of guns, with powder, shot, and weapons which the 
English have always refused to do, and by means of this damnable trade, (as 
the Dutch Governor himself calls it,) this earthly generation of men, whose 
gain is their God, are grown very gracious to the barbarians and have them at 
command as an armed people, prepared (if we enterprize ought against the 
Dutch) to assault the English. But I am unwilling to detain your Lordship 
any longer with my lines, the Captain knoweth how to supply my defects, and 
is indeed a fit man to be employed in service against the Dutch, if we come not 
too late, and if also your Lordship would be pleased to procure two or three 
frigates, to be sent for the clearing of the coast from a nation, with which the 
English cannot either mingle or easily sit under their government, nor so much 
as live by, without danger of our lives and our comforts in this world. And if 
these men might be dislodged, it would contribute much to the cure of our in- 
testine discontents, which arise principally from our not enterprizing against 
these earthly minded men. Yet if withal, your Lordship, by your letters, or the 
parliamentary power interposing by their authority, or both, shall command 
quietness among ourselves and subjection in the people to the highest powers 
throughout the several colonies, and also command assistance to be afforded by 
the Bay to the other three colonies, in case of war' against the Dutch, it may 
please the Lord to heal our breaches and prevent distempers, and to cause us 



NEW NETHERLAND. 109 

England soon after the arrival of the fleet, which was thereupon 
recalled. In consequence, the designs of the English against 
New Netherland, were once more suspended. 

In the treaty concluded at this time, there was no express 
stipulation in reference to the colonial possessions belonging to 
the parties ; it only provided in general terms for the restoration 
of peace throughout the dominions of each. But the withdrawal 
of the armament that had been sent by Cromwell against New 
Netherland, seemed to imply a concession, not only in favor of the 
claims of the Dutch to the country, but also, that these countries 
were included on the terms of the treaty. 

But the English colonists denied the inference; they insisted 
that in fact, the Dutch were not the owners of land in America, 
that they were merely intruders, and of consequence could derive 
no claim to forbearance from the terms of the treaty. Even if the 
treaty they said, extended to all the countries belonging to the 
parties throughout the world, (a point which was not conceded,) 
it still could have no effect in the case in question, because the 
country of New Netherland did not belong to its present posses- 
sors. 20 With these views the colonists resolved to pursue their 



to live again, wherein you shall do a singular service to many churches of 
Christ, and be (through grace) an instrument in God's hand, of effecting great 
things in these four colonies, as God hath used you to accomplish great matters 
in three kingdoms, &c. Your Lordship's in most observance, 

" William Hooke. 
" To His Excellency Oliver Chomwell, 

" Lord General of all the forces of the Commonwealth of England. 

"New Haven, the 3d of November, 1653." Thurloe's State Papers. 

20 At an early period of the colonies it had been understood that they were not 
bound by a statute unless they were specially named ; whether the case was the 
same with a treaty is uncertain. But the entire course of the colonies at this 
time was such as to evince but little dependence upon the parent country. They 
had not considered themselves involved in the war in Europe, only as they be- 
came so by their own acts. They had themselves declared war against the 
Dutch, without any authority from England, and had only applied to that 
country for aid, though afterwards an order had been received from Parliament 
requiring that the Dutch should be treated in all respects as the enemies of 
England. Under these circumstances the treaty in Europe might not be re- 
garded as conclusive, as to the separate action that had been commenced or 



110 NEW NETHERLAND. 

designs in relation to the Dutch. Application was again made to 
the English government, and Richard Cromwell, the Second Pro- 
tector, manifested a willingness to accede to the wishes of the ap- 
plicants. He issued orders to prepare a squadron, and gave 
instructions to the commanders for an invasion of New Netherland; 
he also caused letters to be written to the provincial assemblies, de- 
siring their co-operation in the proposed attempt. 21 But the reins 
of authority soon fell from the grasp of the feeble Richard, and his 
designs and directions were not carried on to completion. A fur- 
ther respite was secured to New Netherland. 

But the resolves and claims of the English continued the same, 
or rather seemed constantly to rise ; the colonists no longer con- 
fined their views to the recovery or defence of a particular portion 
of territory, but looked to an entire subjugation of the Dutch, and 
the possession of the whole of the country they occupied or 
claimed. The people of New Haven openly declared that no 
New Netherland was known to them, that they considered the 
possession of the West India Company entirely unlawful, as not 
supported by a grant from the King of England, and therefore 
that they were resolved to extend their plantations as far as they 
pleased. 

Whilst New England was thus advancing on the one hand, the 
Governor of New Netherland retained with difficulty the hold he 
had lately obtained, on the other. New Sweden seemed ready to 
pass from his grasp. 

The Dutch had rejoiced in the establishment of their power 
upon the borders of the Delaware, and had counted upon a firm 
and peaceful possession. The West India Company shared the 
government of the country with the principal city of Holland, and 
officers representing their authority were placed in the respective 
divisions. 22 The rule of these persons was rigorous. Stuyvesant 

contemplated in the colonies. Such was the position taken by the colonists, and 
this, in addition to the claim which they urged to the country held by the Dutch, 
was considered as sufficient to warrant the prosecution of hostilities, notwith- 
standing the conclusion of the peace in Europe. 

21 Thurloc's Collections. 
12 The country on the western side of the Delaware was divided by the Dutch 
into two colonies. One extended from Fort Christina to Bambo-Hook, and was 



NEW NETHERLAND. Ill 

was jealous of the Swedes, and ordered his deputy in the colony 
of the company to "keep a watchful eye upon them, and if any 
should be found seditious, to send them to Manhattan !" He 
afterwards transmitted an order that they should all be collected 
into small towns, where their movements might be easily ob- 
served, and easily controlled. To escape from this merciless 
rule, a number of the settlers departed from the colony, some of 
them going to the adjacent province belonging to Amsterdam city. 
But here their condition was little improved ; " when did a city 
ever govern a province with forbearance." The most onerous 
commercial restrictions were here established, and the prosperity 
and happiness of a people, and the advancement of a country, 
were considered of less importance than a profitable trade. But 
in a part, and an important part of the country, a different claim 
existed, by which, both the profits and the powers of the present 
possessors, were brought into jeopardy. Nearly the whole of the 
settlements on the western side of the Delaware, were included in 
the territory which, many years before, had been granted to Lord 
Baltimore, and was included in the province of Maryland. And 
the authorities of Maryland were alive to their interests. 

In 1654, Ffendall, the Lieutenant of Lord Baltimore, gave in- 
structions to Colonel Nathaniel Utie to repair to "the pretended 
government and people" seated on Delaware Bay, within his 
province, and to require them to depart; but he might propose to 
the people there seated, to place themselves under his Lordships 
government, where they should find good conditions, and be pro- 
tected in their lives, liberties and estate. Utie repaired to the 
country accordingly, and a warm discussion ensued between him 
and Beekman, and Alrich, who -acted on behalf of the Dutch. 
The latter officers proposed, that the matters in dispute should be 

called the Colony of the Company. The other extended from Christina up the 
Delaware, to the extent of the settlement, and was called the Colony of the City. 
In the former of these, Jacquet was first appointed as Governor. He was suc- 
ceeded by William Beekman. In the other colony, after Jacquet, (who exercised 
authority for a time in both,) Jacob Alrich was appointed, who continued in 
office till his death, and left as his successor, Alexander Hinoyosa. On the 7th 
of February, 1663, the company ceded all its rights to the Colony of the City, 
and after that time, Hinoyosa was Governor of the united colonies. — See Acrelius. 



112 NEW NETHERLAND. 

referred for decision to the republics of England and Holland. 
Soon afterwards the Director of New Netherland became a party 
in the controversy ; he sent a commission to Maryland, with or- 
ders to wait on Ffendall, and to place before him a statement of 
their claims. The Commissioners were to represent, that the 
Dutch had an indisputable right to the country, as could be proved 
and shown by the patent from the Lords States General, and the 
West India Company, and by bills of sale and conveyance from 
the natives, and the possession of more than forty years. But 
the embassy was not successful. Ffendall was brief in his reply; 
he admitted the facts as set forth, but maintained that they were 
utterly valueless. 

In the following year Lord Baltimore again presented his 
claims ; through his agents in Holland, he demanded of the autho- 
rities in that country, that orders should be given to the colonists 
on the Delaware, to submit to his Lordships rule. The demand 
was refused in a peremptory manner, and the West India Company 
transmitted an order to their officers, not to give up the country, 
but to defend it, even to the spilling of blood. 23 But the spilling 
of blood at this time was averted. Maryland was either unpre- 
pared to resort to such an extremity, or was willing to await the 
course of events which seemed rapidly tending to an issue, favor- 
able to her wishes and views. 

The authorities of New Netherland were still less inclined to 
measures of violence. Stuyvesant was well disposed to assert his 
authority, but the existence of the English on the south, and their 
continual encroachments on the north, gave sufficient warnings of 

M The statement here given as to the tenor of the orders sent by the West 
India Company, is not in accordance with several authorities. Chalmers, and 
those who have followed him, declare, that the company gave directions to the 
colonial officers to withdraw to the northward of Lord Baltimore's boundary, 
and that the country in question being thus given up by the Dutch, was imme- 
diately occupied by Charles Calvert, the son of the proprietory of Maryland. 
But the statement of the text is founded on the original despatch of the West 
India Company, existing in the Albany Records. If the account of Chalmers 
is admitted, the conclusion must be drawn, that the formal despatches of the 
company, were contravened or annulled, by some private communication, and 
in fact, it is stated by some, that the instructions were " private." See Bancroft, 
vol. 2, p. 309. 



NEW NETHERLAND. 113 

danger, and of the necessity of caution in his course. New 
England had become greatly superior to New Netherland, in 
numbers and in strength, and the dispositions of her people were 
entirely manifest. Stuyvesant was aware of his position, and 
gave full information to his superiors of the state of affairs, and 
urged the adoption of the means of defence. He informed the 
States General and the West India Company, that "the demands, 
encroachments and usurpations of the English, gave the people 
here the greatest concern." In 1660 he wrote, "your honors 
imagine that the troubles in England will prevent any attempt on 
these parts, alas, they are as ten to one in number to us, and arc 
able to deprive us of the country when they please." 

At the same time that the storm was gathering upon New Neth- 
erland from without, its internal condition was not favorable to 
vigorous exertion for its own protection. Where there is no 
popular freedom, the government can have little hold upon popular 
affection? a people will not be easily aroused in defence of institu- 
tions which no experience of advantage has taught them to value. 

The government of New Netherland had continued nearly the 
same from the time of its erection ; except the special institutions 
which had been established under the Charter of Liberties and 
Exemptions, but little alteration had been made, and through the 
latter instrument, no security for popular rights had been offered or 
obtained. Under the general control of the West India Company 
the government continued to be administered by the Director Gen- 
eral and Council. They made laws, appointed officers, and decided 
all controversies. The changes that had occurred with the increase 
of population, and the extension of interests, were attended with no 
corresponding advances in the provisions relating to civil and po- 
litical rights. 

At different periods attempts had been made by the settlers to 
obtain some melioration of their state. They became imbued to 
an extent with the views which were introduced by the emi- 
grants from the neighboring colonies ; the idea of popular freedom 
was transplanted from New England, to New Netherland. Many 
English had settled at Manhattan and other places in the province, 
and were indulged in the exercise of some of the privileges and 
powers, they had elsewhere enjoyed. The example was not with- 
15 



114 NEW NETHERLAND. 

out effect. In the year 1653, a convention was held at New 
Amsterdam, composed of delegates from several of the towns in 
the province, with authority to make a representation setting forth 
the wishes and will of the people. They demanded that no new 
laws should be enacted but with the consent of the people, that 
none should be appointed to office, but with the approbation of 
the people, and that obscure and obsolete laws should not be 
revived. But Governor Stuyvesant was tenacious of power, and 
had little faith in the "wavering multitude." He issued a decla- 
ration in which the demands of the popular delegates were treated 
with little respect, and the reply which they made, was noticed in no 
other way, than by the issue of a positive command dissolving the 
convention, and threatening the members with arbitrary punishment. 
"We derive our authority," said the Governor, "from God and the 
West India Company, and not from the pleasure of a few ignorant 
subjects." The West India Company approved of the course of 
the Governor. " Have no regard to the will of the people," they 
said, "let them indulge no longer the visionary dream that taxes 
can be imposed only with their consent." But to dissipate such 
a dream was no easy undertaking, and the attempt could only tend, 
as it did tend, to detach the people of New Netherland from their 
government, and reconcile them to the idea " of obtaining English 
liberties by submitting to English jurisdiction." 24 

31 Bancroft, vol. 2, p. 308. 



CHAPTER VII. 



SUBJUGATION OF NEW NETHERLAND, AND A SECOND CONVEYANCE 
OF A PART OF THE COUNTRY. 



In the year 1660, Charles the Second recovered the Throne of 
his Fathers. Circumstances occurred at an early period which 
tended to disturb the relations of amity which for some time had 
subsisted between England and Holland. Charles was displeased 
with the refusal of the States General to elect the young Prince, 
his nephew, as Stadtholder. The court of France was busy in 
fomenting the growing aversion. The French were jealous of the 
increasing intimacy between the countries of Spain and Holland, 
and endeavoured to prejudice the interests of the latter, by fanning 
the displeasure of the English King. The feelings of Charles 
were also strengthened by reasons of State. England and Holland 
were rivals in trade, and in the pursuit of their interests were 
sometimes placed in direct opposition. This subject was noticed 
by the House of Commons, and a vote was passed that the in- 
dignities offered to the English, by the States, were the greatest 
obstructions to foreign trade. 1 The condition of affairs in America 
was an additional ground of dissension ; the claims of the colonists 
in New England, and those of the Dutch in New Netherland, 
were directly at variance, and an actual collision between the 
parties, was constantly threatened. The concurrence of these 
several circumstances and reasons seemed to the English King to 
point out a course of procedure which he directly prepared to 
pursue ; he resolved to make an attack upon the Dutch by assert- 
ing his claim to their American possessions. 

By this course of policy, the appearance of any new issue be- 

1 Robinson's England. 



110 PT'RTTTOATTON Or NEW NETHERLAND. 

tween the parlies was wholly avoided ; the English had never 
conceded the claims of the Dutch in New Netherland, but on the 
contrary, had constantly maintained that the country was theirs, 
and that the actual occupants were only intruders who might at 
any time be expelled from the lands, or brought in subjection to 
the rightful owners. Whether the King was more influenced by 
such a view of the case, in his present attempt, or by a desire to 
strike a blow at a nation he disliked, is a matter which it may not 
be easy, and which at this time, it is not important, to determine. 
The first act toward the completion of the purpose in view, was 
the execution of a grant conveying the country in question, to his 
Royal Highness James the Duke of York and Albany, the brother 
of the King. 

This grant was made on the 12th of March, 1663-4, it gave 
the lands lying between the western side of Connecticut River, 
and the eastern side of Delaware Bay, including Long Island, 
Nantucket, Marthas Vineyard, and the Islands in their vicinity. 2 
It also conferred upon the Duke the powers of government, 
both civil and military, within the boundaries mentioned. Orders 
were directly given for the preparation of an armament to be 
despatched to America, in order to put the Duke in possession of 
his new domain. As a collateral object, it was also proposed, that 
a visit should be paid to the New England colonies. These 
colonies were not in such a condition in regard to the parent State, 
as was suited to the views of the King, and the attempt, to subju- 
gate the adjacent province held by the Dutch, was supposed to 
afford an opportunity for a general adjustment of the affairs of the 
country. To carry out this purpose, a body of Commissioners 
was appointed to attend the expedition. 

A rumour of the meditated movement was soon borne to 
America. Governor Stuyvesant was informed that a squadron 
had been collected and was lying in Portsmouth, which was be- 
lieved to be destined to New Netherland, and would shortly set 
sail. Information of similar import was received in New England, 
and also, that a commission had been appointed to investigate the 
state of the colonies, and to settle and determine the policy of the 

- Whitehead's History of East Jersey, p. 23. 



STJIUTJOATION OF NEW NETHERLAND. 117 

country. The visit of the officers of the King to his English sub- 
jects, was far more dreaded than desired. It was apprehended 
that the feelings entertained by the Sovereign toward the Puritan 
sectaries were not of the most favorable kind, and it was possible 
that he might still be disposed to look upon the country, as the asy- 
lum of the regicides. The event was quietly awaited. 

In New Netherland little was attempted, and nothing could be 
effected to ward off the danger. Stuyvesant proposed that an en- 
listment should be made "of every third man, as had more than 
once been done in the Fatherland;" but the people were little 
inclined to enter the lists. But the state of feeling in the English 
colonies in regard to the expected visit, soon became known in 
the neighboring province, and the knowledge excited a glimmering 
hope in the mind of Stuyvesant; he conceived the idea that an 
union might be formed with his ancient opponents, or at least, that 
they might be prevailed upon to observe neutrality. To secure 
this object, he made a voyage to Boston, and was received by 
Endicott, the Governor of Massachusetts, with entire civility, and 
even with an appearance of respect. 3 

But whatever were the doubts or fears of the English in regard 
to the dispositions of their Sovereign toward themselves, they 
were not inclined to enter into any agreement which might favor 
the Dutch. The proposals of Stuyvesant were rejected both in 
Massachusetts and Connecticut, and he returned from his fruitless 
visit only in time to meet the invasion of the province of New 
Netherland. 

The squadron despatched to America for the purpose already 
mentioned, was under the command of Sir Robert Carre, but the 
military forces were commanded by Colonel Nicholls, who was 
also to have command in the country to be reduced, and these two 
officers, with George Cartwright and Samuel Maverick, were the 
Commissioners to the colonies. 

Upon the arrival of the fleet at Boston, the Commissioners 
exhibited their credentials, and also produced instructions to the 
colonists requiring that assistance should be given for the reduction 
of New Netherland. This requisition was presented to Endicott, 

'Grahames' Colonial History, vol. 2, p. 179. 



118 SUBJUGATION OF NEW NETHERLAND. 

the Governor of Massachusetts, who replied, that he had no au- 
thority to order a military levy without the consent of the general 
court, and the Commissioners were not inclined to await so tardy 
a movement. They therefore departed, leaving an order for the 
forces to follow. 4 

The application of the Commissioners in Connecticut, was met 
with a greater degree of alacrity ; Governor Winthrop, with a 
number of volunteers, immediately joined themselves to the arma- 
ment, and proceeded in the enterprize. The squadron, which 
consisted of four ships, appeared before the principal city of New 
Netherland, in August, 1664. Director Stuyvesant was sufficiently 
apprized of the designs of the English, yet, as no formal declara- 
tion of war had been made, the way seemed open for a mission 
of inquiry, which it was probably hoped might lead at least, to 
favorable negotiation. Accordingly, a deputation was sent to the 
English Commander, by which the Governor requested "with all 
respect and civility," that he might be informed concerning the 
meaning and intent of the approach of the ships, and their con- 
tinuance in the harbor, which it was said, "hath caused admira- 
tion in us, not having received any timely knowledge of the same." 
Colonel Nieholls returned an answer equally courteous in form, 
but decisive in import. He informed the Governor and Council 
that bis Majesty of Great Britain, having an unquestionable right 
and title to this part of America, and well knowing how much it 
would derogate from his crown and dignity, to suffer any foreigners 
to usurp dominion, and inhabit there ; had given commandment to 
require a surrender of such forts or places of strength as were in 
possession of the Dutch. He accordingly demanded that the town 
known by the name of "Manhattoes," with all the forts belonging 
thereto, should be surrendered into his hands, and declared that 
every man who should submit, should be secure of life, liberty, 
and estate, but that all who should make opposition, would bring 
upon themselves the calamities of war. Governor Winthrop, who 
was known to the Governor and people of New Netherland, also 

' A regiment of two hundred men was afterwards raised and equipped under 
the direction of the genera] court, and preparations were in progress for their 
departure, when information was received of die fall of New Amsterdam. 



SUBJUGATION OF NEW NETHERLAND. 119 

wrote a communication urging the acceptance of the offered terms. 
Stuyvesant summoned his council and invited the burgomasters of 
the city to attend the conference ; he represented to them that out- 
rage and violence were designed by the English, and urged that 
measures of resistance should at once be adopted. But the mem- 
bers of the conference were disposed to mingle prudence with 
their patriotism. They wished to become informed respecting 
the terms that had been proposed by the English, and requested 
that they might be allowed to examine the letters received by the 
Governor. Stuyvesant was indignant at the idea of entering into 
any consideration of terms ; he insisted that there was no other 
question to be debated, than as to the means of repelling the inva- 
sion. But this was not the prevailing sentiment, and the burgo- 
masters and principal inhabitants protested against the course of 
the Governor, in refusing to make known the terms that were 
offered. In fact, the people were not inclined to active resistance. 
They had not been satisfied with the course of their own authorities, 
and a powerful force which they had not the means of opposing, was 
now at their doors. The English too, had issued a proclamation 
setting forth to the colonists that all who would submit to his 
Majesty's government, should be protected "in his Majesty's laws 
and justice, and peaceably enjoy whatsoever God's blessing and 
their own industry, had furnished them with." For a period 
Stuyvesant endeavored to stem the current alone ; he remonstrated 
against the supineness of his own people, and opposed the de- 
mands of the English by exhibiting proofs of a right to the coun- 
try. But all was unavailing, and finally, to preserve at least the 
appearance of order, and prevent the occurrence of violence and 
misrule, he consented to a capitulation. The conditions were 
concluded by Commissioners appointed by the parties. 5 

The articles of treaty agreed upon, were afterwards submitted 
to Nicholls and Stuyvesant, and were approved and signed by 
them. The treaty bore date the 27th of August, 1664. 

1 The Commissioners on the part of the English were Sir Robert Carre, 
Colonel George ©artwright, John Winthrop, Samuel Willison, Thomas Clarke, 
and John Pinchon. On behalf of the Dutch, were John De Decker, Nicholas 
Varlett, Samuel Megapolensis, Cornelius Steenwick, Stephen Van Courtland, 
and James Coussea. Smith's New Jersey. 



120 SUBJUGATION OF NEW NETHERLAND. 

The provisions were most favorable to the Dutch, It was agreed 
that the States General, or the West India Company should freely 
enjoy all farms and houses, except such as were in the forts, and 
should have liberty for six months to remove all arms and ammu- 
nition belonging- to them, or else they should be paid for them. 
That all people should continue free denizens, and enjoy their 
lands, houses, goods, and ships, wheresoever they were,, and dis- 
pose of them, as they should think proper. Any inhabitant wish- 
ing to remove, should have a year and six weeks from that date 
to remove his family, and dispose of his lands. All persons might 
freely come from . the Netherlands and plant in the country, and 
Dutch vessels might freely come to the country, and any of the 
people return home. The Dutch should enjoy full liberty of con- 
science in Divine worship, and the Dutch discipline. No Dutch- 
man or Dutch ship should be pressed to serve in any war. The 
people were to enjoy their own customs concerning property, and 
all public writings and records were to remain undisturbed, and 
such writings as concerned the States General might be sent to 
them. No legal process should be interrupted, or called in ques- 
tion. All inferior civil officers might continue in office if they 
chose, until the customary time of new elections, but new officers 
should take the oath of allegiance to his Majesty of England. 

Military officers and soldiers were to be allowed to depart with 
their arms and colours, and if any of them would remain as set- 
tlers, they should have fifty acres of land assigned to them. 

These conditions, with others, formed as favorable an agreement 
as was ever granted to any people, in a similar case. 

The satisfaction of the colonists was the natural effect of this 
liberal arrangement ; but few availed themselves of the privileges 
allowing them to depart from the country ; even Stuy vesant him- 
self remained, and continued in the province the remainder of his 
days. 

The capitulation of New York was soon afterwards followed 
by the surrender of other places ; Colonel Nicholls advanced to 
the vicinity of Fort Orange, which submitted without resistance, 
and measures were directly adopted for taking possession of the 
country upon the Delaware. For the latter purpose special au- 
thority was given by the Commissioners to one of their associates, 



SUBJUGATION OF NEW NETHERLAND. 121 

Sir Robert Carre. 6 He was also furnished with particular instruc- 
tions for directing the enterprize. He was to summons the 
Governor and inhabitants to yield obedience to his Majesty as the 
rightful Sovereign of that tract of land, and to inform them that all 
planters should enjoy their farms, houses, goods and chattels, with 
the same privileges and upon the same terms as they do now 
possess them; both the people of the West India Company, and 
of the city of Amsterdam. 7 They were to know no alteration 
"only that they change their masters." He was to represent to 
the Swedes the advantages of " their happy return under a mon- 
archical government," and to set forth his Majesty's good inclina- 
tions to that nation, as well as to all men who should comply with 
his Majesty's rights and titles in the country, without force of 
arms. In case assistance should be found necessary, messengers 
were to be sent to the Governor of Maryland, asking for aid. 
To my Lord Baltimore's son and others of the English that were 
concerned in Maryland, the Commissioner or Commander was to 
state, that his Majesty at great expense had sent ships and soldiers 
to reduce all foreigners in these parts to obedience, and for that 

6 " Whereas we are informed that the Dutch have seated themselves in 
Delaware Bay, on his Majesty of Great Britain's territories, without his 
knowledge and consent, and that they have fortified themselves there and 
drawn a great trade thither, and being assured that if they be permitted to go 
on, the gaining of this place will be of small advantage to his Majesty ; we, his 
Majesty's Commissioners, by virtue of his Majesty's commission and instructions 
to us given, have advised and determined to endeavor to bring that place and 
all strangers there, in obedience to his Majesty, and by these do order and ap- 
point that his Majesty's frigates, the Guinea, and the William and Nicholas, 
and all the soldiery which are not in the fort, shall with what speed they con- 
veniently can, go thither, under the command of Sir Robert Carre, to reduce the 
same, willing and commanding all officers at sea and all soldiers to obey the 
said Sir Robert Carre during this expedition. 

"Given under our hands and seals, at the Fort at New York, upon the Isle 
of Manhattoes, September 3d, 1664. "Ricuaud Nicholls, 

"George Cartwbight, 
"Samuel Maverick." 

' The whole of the territory claimed by the Dutch on the western side of the 
Delaware, was at this time under the government of the city of Amsterdam. 
The colony of the company had been ceded to the city the preceding year, and 
Hinoyosa had been appointed Governor of the whole country. 
16 



122 SUBJUGATION OF NEW- NETHERDAND. 

purpose only; but the reduction of the place being at his Majesty's 
expense, the country would be held for his Majesty's own behoof 
and right, yet, that if Lord Baltimore held claim there by his 
patent, (which it was said was a doubtful case,) he might be in- 
formed, that possession would only be continued until his Majesty 
should become informed and satisfied in the case. 8 

Sir Robert Carre was entirely successful; upon his arrival in 
the Delaware, the different forts were surrendered, and the people 
submitted with scarcely an appearance of resistance. Articles of 
agreement were concluded which purported to be "between the 
Honorable Sir Robert Carre, Knight, on the behalf of his Majesty 
of Great Britain, and the Burgomasters on behalf of themselves, 
and all the Dutch and Swedes, inhabiting on Delaware Bay, and 
Delaware River." 9 The burgesses and planters were to submit 
themselves to his Majesty without opposition, all persons what- 
ever thus submitting, being promised the fullest protection in their 
persons and estates. All civil offices, and officers, were to be 
continued until his Majesty's pleasure should be farther known; 
all persons were to enjoy full liberty of conscience, in church 
discipline as formerly. Any person who might wish to leave the 
country, should be permitted to depart with his goods, within six 
months from the date of the treaty ; all wh(Pshould remain, were 
to take the oath of allegiance, and whoever should take the oath, 
should, from that time, be considered a free denizen, and entitled 
to the privileges of trading into all parts of his Majesty's do- 
minions, as freely as any Englishman. 

This agreement was concluded on the 1st of October, 1664. 10 
" That was the day on which the whole of New Netherland be- 
came subject to the English Crown." 11 

Thus, in the mutations of human affairs, the fate of New Sweden 
now fell in turn, to the lot of New Netherland. 



8 From the representations here made, it would appear that the people of 
Maryland had partial possession on the Delaware at the time, the Dutch en- 
joying no more the divided authority. 

These Burgomasters were Garret Saunders, Vautiell, Hans Block, Lucas 
Petorson, and Henry Cousterier. Gordon's New Jersey, p. 21. 

10 Smith's New Jersey, p. 50. " Smith's New York. 



SUBJUGATION OF NEW NETIIERLAXD. 123 

One of the circumstances incident to the change that had occur- 
red, was an alteration of names. New Amsterdam received the 
name of New York, which was given in honor of the Duke, and 
with the same intent, Fort Orange was called Albany, from one 
of the titles of his Royal Highness. 

The subjugation of New Netherland by Charles the Second, 
has been represented by historians as an act of flagrant injustice 
and usurpation. 12 The charge contained in this representation 
is a subject requiring attention, not for the purpose of defending 
the King, but in order to determine important questions of right. 
Charles the Second was a profligate, both as a man, and as a 
monarch, and no extenuation of his general course, will here be 
attempted. As already remarked, the considerations which led to 
the act in question were various in origin and character, and they 
were probably different also, as to the degree of their influence : 
and in such a mind as the King's, the strongest and best, may not 
have exerted the greatest force. It may not be safe to affirm that 
with him the most powerful motive Avas a firm conviction that the 
country he resolved to subdue, belonged to his people. But it 
can scarcely be necessary in such a case to enter into any analysis 
of motives, no more is required than fairly to determine the real 
character of the act itself. If the country held by the Dutch, be- 
longed of right to the English nation, it is not important to 
inquire, what were the particular views which induced the King 
to attempt the subjugation; if, on the contrary, the English had 
no right to the country, if the Dutch were its real owners, then 
the procedure of the King may truly be characterized as 
an act of "usurpation," whatsoever his professions or motives 
might be. In defending their position, the Dutch professed to have 
derived their rights from three separate sources, discovery, a pur- 
chase of the land from the native princes and people of the 
country, and actual continued possession. 

The question of discovery has already been considered.' 3 On 
this ground the Dutch were entirely precluded. The entire extent 
of coast had been discovered by the English, a fact which was 



'Grahame and Gordon. I3 See p$ge Wi. 



124 SUBJUGATION OF NEW NETHERLAND. 

known to the Dutch, and to every civilized nation. And this 
claim had been fully consummated by actual possession. 

"Whether a right to the country could be acquired in the second 
mode, a purchase from the princes and people of the land, must 
be determined by the question, how far the claim from discovery 
was affected by the occupation of the native inhabitants. At 
the arrival of the Europeans in North America, they found the 
whole extent of the country before them, nearly in a state of 
primeval wildness. There were scarcely any marks of culture, 
or evidences of ownership ; the whole was a wide unbroken waste. 
To civilized men it appeared indeed as a new world, and for all 
the purposes of civilized life it really was an unappropriated 
domain. The store-houses of the native inhabitants were the 
forests and the streams. Generations had appeared and perished 
and had scarcely left a notice of their existence behind them. As 
might be supposed, the ideas of such a people in relation to the 
rights of property, were crude and unsettled. No other possession 
was held by individuals than the few implements they used, and 
the materials needed in the construction of their rude habitations. 
Property in land was not known. Such being the condition of 
the country and of the people, no attempt was made by the 
Europeans to derive a title from the natives ; they based their 
claims upon the ground of original acquisition. Such a claim, in 
its principle, was no more than an assertion of the superiority of 
civilized to savage society and modes of life, and that the latter 
must give place to the former ; a principle which it would be vain 
and useless to deny. The application of this principle or rule, 
however, was liable to some restriction. If the Europeans had 
acquired an original claim to the country, this claim did not 
operate to the immediate extinction of the Indian right from actual 
occupancy, it only took the country subject to this right. It took 
and held the country subject to this incumbrance. But this in 
cumbrance could only be removed by the holders of the principal 
title, or if others should do or attempt this, it would be at their 
own hazard and loss; a third party could derive no advantage 
from removing the incumbrance, because the country would still 
be held by the superior claim. 

At an early period these principles became generally recognized. 



SUBJUGATION OF NEW NETTIERLAND. 125 

That discovery gave the primary or principal right to a country, 
was admitted by all European nations; it was acknowledged in all 
their negotiations, and wars, and treaties; whether equitable or not, 
the principle was universally acknowledged, and acted upon. It 
became national law. 

If then, the people of Holland were not the discoverers of the 
country they occupied, or had not otherwise Borne into possession 
of the principal claim ; a purchase from the princes and natives of 
the land, would be of no value or force. 

Beside this, the Indian right itself was but imperfectly and par- 
tially secured. It is not easy to determine who among these 
tribes, or whether any, were clothed with sufficient authority to 
enable them to make a perfect conveyance of their rights or claims; 
but whether the agreements that were made, were concluded in 
such form, or by such authority as was generally acknowledged, 
or otherwise, it is certain that the contracts made were not con- 
sidered of binding force. Lands that had been sold were sold 
again without any appearance of scruple ; successive agreements 
were made with the different people that appeared, or with the 
same people, as occasion might offer, and after all, the lands thus 
sold, continued to be occupied, as before. 14 And even the right to 
be acquired by such conveyances as these, slight as it was, was 
only partly obtained by the Dutch; they purchased but a small 
part of the territory of New Netherlands having concluded agree- 
ments with only a few of the numerous tribes that occupied the 
country. 15 



» In some instances the natives of America when selling their lands, made a 
special condition reserving the right of hunting and fishing upon them. Whether 
this was done in the agreements with the Dutch, there is nothing to show. 

15 There was yet another difficulty in regard to the conveyance of the Indian 
right, arising out of the peculiar character of the customs of the people them- 
sclyes. It has been mentioned, that at an early period, the Dutch had formed 
a treaty of peace with the great Five Nation Confederacy, and that the Lenape 
tribes were then present. According to the traditions of the latter nations, they 
were then prrevailed on by the urgent representations of the other tribes, (in 
which the Dutch are said to have joined,) to assume the character of mediator, 
or peace maker. They were to lay down their arms, and trust their defence to 
their confederates, exerting themselves only in such modes as were in accordance 



12*» STTBTIHATTON OF NEW NETHERLAND. 

Possession is the remaining ground of title relied on by the 
Dutch:, and by this mode an unexceptionable Title may sometimes 
be acquired. Possession may be taken of unoccupied lands when 
the original holders have either abandoned or lost their claims. 
Of, Without such previous abandonment and loss, if a second 
party should enter a country and take possession, and should con- 
tinue in enjoyment without interruption, for a sufficient period of 
time, the original holder would be estopped, his right would be 
extinguished. If these conditions existed in the case in question, 
the claims of the Dutch must be admitted ; but these conditions 
did not exist. Previously to the coming of the Dutch, the English, 
the original claimants, had entered the country themselves, and 
taken possession, and were in actual possession at the time. The 
Dutch might still have rendered themselves masters of the country 
by the extinction of the prior claims of the English, either by 
treaty or purchase, but this was not affected or even attempted. 
They might also acquire a title by long and uninterrupted posses- 
sion, but this the\ were not permitted to do. They had scarcely 
entered and seated themselves on the territory when they wrvo, 
visited bj an English officer who asserted the rights ofjhis nationj 
and compelled the settlers to acknov\ ledge the authority of his 
Sovereign, and to agree to the payment of an annual tribute. 
Other measures were afterwards taken; grants Mere made by the 

with the character and offices they had assumed. In the figurative language 
of the rare, they became '-women.'' and were thus reduced to a state of de- 
pendance. The enemies of the Lenape people assert that this change in their 
condition was the result of a series of hostile contests; that they were subdued 
b\ force of arms, and compelled to yield, as a conquered people. Whether force 
or fraud were the means, the subjection of these tribes is admitted, and as a 
consequence thi y lost dominion over their country. The other nations insisted 
that the Lenape people had no right to make treaties, or to dispose of their 
lands in any manner. At a subsequent period, Canassatago, a Chief of the 
Ste Nations, waS called on to settle a dispute between the English and the 
Indians, in relation to land on the Forks of the Delaware. The Chief addressed 
himself to the Delaware tribes, and declared that the lands they now claimed 
had already been sold, to his own knowledge, and therefore their present demand 
was intended as a fraud. But said he to them, "how came you to take upon 
you to sell lands at all ; we conquered you; we made women of you; you know 
you are women, and can no more sell land than women." 



SUBJUGATION OF NEW NETIIERLAND. 127 

English government conveying to its subjects the territory occu- 
pied by the Dutch, and in this manner the English right was 
asserted and reasserted. -The English colonists also continued to 
maintain, that of right the country belonged to them or their 
nation: and besides these declarations, they attempted at various 
times to secure possession of different portions. In some of 
these instances their efforts were successful, in others the) failed, 
but in either case, the claim was maintained. The Dutch were 
not allowed to establish a title by long and peaceable possession. 

To sum up the case, the Dutch had no right as discos erers of the 
country. They acquired by purchase from the natives only a part 
of the country, and the conveyances obtained were imperfect and 
doubtful, and if these conveyances had been full and good, and 
had embraced the whole of the territory, still, the principal right 
which was held by the English, remained untouched. Finally, 
their possession of the country was interrupted and incomplete, 
and therefore was not sufficient to establish a title. 10 

If these conclusions are well founded, they will serve, if not 
completely to justify the conduct of Charles, the English King, 
yet at least to absolve him from the charge of "flagrant injustice 
and usurpation." 

Yet, if the claims of the Dutch to the country of New Nether- 
land were not such as to secure to them its permanent and full 
possession and control, still, these settlers were not destitute of 
equitable rights. They had subdued and cultivated die lands, 
they bad navigated the streams, and erected dwellings. They had 
prepared a home for civilized man. And tbe\ were allowed to 
continue in its enjoyment. No one was dispossessed of his lauds 
or turned from his dwelling, the people remained in the posses- 
sion of their property of every description. The only change was 

16 The principal- circumstances that maybe urged in support <>t' the Dutch 
claim, are the implied acknowledgment in their favor, contained in the colonial 
arrangement respecting boundaries/made in 1650; and the treaty afterwards 
concluded between tbe republics of England and Holland. 15ut the colonial 
agreement was not finally ratified in England. And the provisions of the later 
treaty were extended to the colonies rather by inference, than express stipula- 
tion, nor could these provisions if extending to the colonies, be fairly construed 
as determining any cjucstions of title. 



128 SUBJUGATION OF NEW NETHERLAND. 

one that many of the colonists themselves desired, and which was 
probably beneficial to all. 

But the reduction of the country was not quietly submitted to by 
the Dutch ; a general war between England and Holland was the 
consequence. This circumstance however, made no alteration in 
the course of affairs in the province ; this was not made the theatre 
of war, and at the conclusion of hostilities, it was left in the hands 
of the English. 

The agreement which had been concluded between the English 
King, and his brother, the Duke of York, was now to be carried 
out into full effect; the latter had been invested by the terms of 
his grant, with full authority both as owner and ruler, within the 
country to be subdued, and the subjection was now completed. 
In pursuance of the plan, Nicholls, Avho had been appointed 
to the government of the country under the Duke, assumed the 
direction of affairs. 

But, previous to the actual investiture of the Duke of York, a 
division of the country had been made. Not long after the recep- 
tion of the grant from the King, and before he had been put in 
possession, the Duke conveyed a portion of the territory to two 
other individuals, Lord Berkcly and Sir George Carteret. Dif- 
ferent motives have been assigned as leading to this grant from 
the Duke: no other is apparent, than a desire to give expression 
to royal approbation, the grantees, at the time, being high in 
favor, as well as in place, at the English Court. 17 The conveyance 
to Berkely and Carteret was made by an instrument in form as 
follows : 

"This Indenture, made the three-and-twentieth day of June, in 
the sixteenth year of the Raigne of our Sovreign Lord Charles the 
Second, by the Grace of God of England, Scotland, France, and 
Inland, King, Defender of the Faith — Anno Domine 1664. Be- 
tween his Royal Highness James Duke of York and Albany, Earl 
of Ulster, Lord High Admiral of England and Ireland, Constable 
of Dover Castle, Lord Warden of the Cinque Ports, and Governor 

"See Nicholls' letter to the Duke of York. The statements there made in 
reference to the causes of the grant to Berkcly and Carteret, wear but a doubt- 
ful appearance. 



SUBJUGATION OF NEW NETHERLAND. 129 

of Portsmouth, of the one part, John Lord Berkeley, Baron of 
Stratton, and one of his Majestie's most honorable Privy Council, 
and Sir George Carteret of Sattrum in the county of Devon, 
Knight, and one of his Majestie's most honorable Privy Council, 
of the other part, Witnesseth that said James Duke of York, for 
and in consideration of the sum of ten shillings of lawful money 
of England, to him in hand paid, by these presents doth bargain 
and sell unto the said John Lord Berkeley and Sir George Carteret, 
all that tract of land adjacent to New England, and lying and being 
to the westward of Long Island. Bounded on the east part by the 
main sea, and part by Hudson's River, and hath upon the west 
Delaware Bay or River, and extendeth southward to the main 
ocean as far as Cape May at the mouth of Delaware Bay, and to 
the northward as far as the northermost branch of said Bay or 
River of Delaware, which is in forty-one degrees and forty minutes 
of latitude, and worketh over thence in a straight line to Hudson's 
River — which said tract of land is hereafter to be called by the 
name, or names of Nova Cjesarea, or New Jersey." 

The name was given in honor of Carteret, on account of his 
spirited defence of the Island of Jersey, at the time he was 
Governor of that Island. 



17 



CHAPTER VIII. 



NEW JERSEY 



THE ESTABLISHMENT OF GOVERNMENT. 



It has been seen that the territory now recovered by the 
English, had been granted by the King, to his brother, the Duke 
of York. The right of the King of England to grant out new 
lauds to his subjects, could not be called into question; it was one 
of the prerogatives of the Crown which the laws of the realm had 
yet left untouched. The country now granted, was given as 
Crown lands ; as territory held by the Sovereign by right of 
descent; the possession of the country by the Dutch at the time 
of the grant, was in no wise regarded, they being considered as 
mere intruders upon the rights of others. But the grant was a 
conveyance of the powers of government as well as of the rights 
of property. The institution of government in new countries 
under British authority, was effected in different modes. Power 
was sometimes simply delegated by the King to certain individuals 
to act as his representatives, and these individuals were entrusted 
with such an amount of authority, as the Sovereign might choose 
to entrust to them, only that it could not exceed his own, in kind 
or degree. In these cases the power of government was entirely 
unconnected with any thing else, and its duration was determined 
by the discretion or will of the original grantor. Such were royal 
governments. In some cases charters were granted which gave 
authority for the institution and perpetuation of government by the 
acts of the people, according to such forms as were prescribed in 
the charter, or as they should adopt. In other instances power was 
given in connexion with property; portions of territory were granted, 



THE ESTABLISHMENT OF GOVERNMENT. 131 

and the grantees were invested at the same time Avith authority to 
govern within the limits assigned to them, but subject always to al- 
legiance to the Crown, and sometimes to farther limitations. These 
were proprietary governments. In such governments, unless special 
agreements were made to the contrary, the duration and transmis- 
sion of authority were governed by such regulations as applied to 
the property with which it was connected. No certain period 
was prescribed for its continuance and it was made transferable 
like property, to heirs, and also to assigns. The authority granted 
to the Duke of York may be considered as essentially of the pro- 
prietary character. The country was granted to him with all "the 
rents, revenues, and profits of the premises, and all our estate, right, 
title, and interest therein, and we do farther grant unto the said James 
the Duke of York, his heirs, deputies, agents, commissioners, and 
assigns, full and absolute power and authority to correct, punish, 
pardon, govern, and rule, all such person or persons as shall from 
time to time adventure themselves into any of the parts or places 
aforesaid, and to establish such laws, orders, and ordinances as may 
be thought necessary ; so that they be not contrary to, but as near 
as conveniently may be, agreeable to the laws, statutes, and govern- 
ment, of the realm of England." The grant from the Duke of 
York to Berkely and Carteret, was of a similar character. In the 
instrument of transfer to them, the powers of government were not 
specifically given, but^there was a general declaration that the 
grant was made to thorn, their heirs, and assigns, "in as full and 
ample a manner" as it had been received by the Duke himself, 
and in the absence of any reservation, all the incidents connected 
with the possession, would be fairly included. 

Berkely and Carteret thus became rulers as well as owners 
of the country. They also, from the nature of the case, 
obtained the privilege of making a transfer to others ; they might 
convey their powers and their interests to any other person, 
or to any number of persons. By thus placing political au- 
thority in connection with property, and making it subject to 
similar incidents, the allegiance and obedience of subjects were 
made transferable at the same time, and in the same modes as the 
titles to land. Government was rendered a thing that might be 
conveyed by bargain and sale, it might be passed over froin hand 



133 THE ESTABLISHMENT OF GOVERNMENT. 

to hand, in the ordinary processes used in the management of 
mercantile affairs. This principle of action was not new, it ex- 
isted in all the proprietary governments that had been established 
or projected in America, and was sanctioned by ancient usage. 
It had been introduced at a time when the rights and privileges 
of subjects were but little understood, or but slightly regarded, 
and such was partly the case at the time of the first institution of 
government in America. 

The haughty Elizabeth held the reins of authority with a rigid 
grasp, and seldom yielded any thing to the wishes or the interests 
of her people, unless it was unsafe to refuse. James, her succes- 
sor, though not lacking in general knowledge, was yet so deficient 
in practical wisdom as to render him unable to determine what he 
should grant, and what he should refuse. The second Charles 
was resolved to grant nothing at all, and his troubled reign was 
but a struggle to retain the powers which his predecessors had ex- 
ercised, as j well as the abuse's they had practised, and his efforts 
terminated in the loss of his crown, and his life. 

The second Charles had seen much of adversity, and had come 
to the throne at a time when the marks of the political convulsions 
which had occurred, -were still visible around him. It was a 
period abounding in lessons for rulers and kings. Bu* Charles 
had never been apt in learning the lessons of wisdom, and if any 
of those around him Were more gifted than himself, they may have 
found it more prudent to conceal, than to exhibit their advantage. 

But, although the mode in which the proprietors of New Jersey 
had become possessed of authority, was not* in accordance with 
liberal and enlightened principles of government, they still, so far 
as is apparent, had no design or desire to use it improperly. On 
the contrary, there was exhibited in their measures a-- degree of 
liberality as well as sagacity. They manifested an acquaintance 
with the condition and the opinions of the people, in England and 
America, and evinced both ability and willingness to adapt their 
action to the condition of affairs existing at the time. In a severe 
judgment indeed, a doubt might be started, whether the course of 
policy pursued by the proprietors, was not adopted from necessity, 
rather than inclination ; but even such a doubt, if it abated some- 
what from a claim to liberality, would entitle them to higher 
praise, for discernment. 



THE ESTABLISHMENT OF GOVERNMENT. 133 

The institution of government at that period, required a cautious 
and a skilful hand. There had been a long period of agitation, 
during which the civil and political institutions of the realm of 
England had been shaken to their centre, and although the action 
had now subsided, the consequences were still apparent. It had 
been a period too, of eager inquiry as well as of determined action. 
The minds of men had been excited to a high degree of activity ; the 
true principles of liberty had been brought to light, and been wide- 
ly disseminated, and had taken a deep and firm hold in the 
common mind. Their growth might be checked, it had been 
checked, but still these principles had not been deprived of their 
vitality or force. If monarchy had been restored as the only ap- 
parent means of bringing settlement and quiet to the kingdom, yet 
the King was no longer acknowledged as a master, to control at his 
pleasure the destinies of his people. His powers Avere now to be 
exercised, and could only be safely exercised, with a view to the 
rights and liberties of the subject. 

In the American province the state of opinion and feeling was 
even farther advanced than in the parent country. Many of the 
colonies had been settled by persons whose principal object had 
been the fuller enjoyment of liberty, civil and religious. The un- 
dertaking indeed had not, in all instances, been carried on in the 
spirit of the original object, exiles for conscience sake had become 
oppressors and persecutors ; the garment of the Puritan, had be- 
come stained with the blood of the Quaker. But still, the pre- 
vailing tendency, the general movement, on both sides of the 
Atlantic, was favorable to popular freedom. Under these circum- 
stances the interest of the founders of States became obvious, 
whatever other inducements they might offer, their object would 
be most effectually promoted by making provision for securing to 
the people the full enjoyment of civil and religious privileges and 
rights. This, the proprietors of New Jersey appeared to perceive, 
and to understand. 

Not long after the reception of their patent, measures were 
devised for peopling and governing the country. The proprietors 
published an instrument which may not improperly be termed, a 
Constitution, being a fundamental law, according to which the 
government of the province was to be established and conducted. 



134 THE ESTABLISHMENT OF GOVERNMENT. 

This instrument was entitled "The Concession and Agreement 
of the Lords Proprietors of the Province of New Ca;sarea, or New 
Jersey, to, and with all and every of the adventurers, and all such 
as shall settle or plant there." It was dated February 10th, 1G64. 1 

This scheme of government is entitled to careful attention, not 
only on account of its own character, but also from its particular 
position in the history of New Jersey. 

It provided that all persons who are, or should become subjects 
of the King of England, and swear or subscribe allegiance to the 
King, and faithfulness to the Lords Proprietors, should be ad- 
mitted to plant, and to become freemen of the province. 

That the people should be secured in the enjoyment of property; 
no taxes of any description were to be imposed, except such as 
should be ordered by the General Assembly of the province. Full 
toleration in religion was also allowed, no person should be in 
any ways molested, punished, disquieted, or called into question 
for any difference in opinion or practice in matters of religious 
concernment, who should not actually disturb the peace of the 
province, but that all and every of such person or persons, might 
from time to time, and at all times, freely and fully have and enjoy 
his and their judgments and consciences, in matters of religion, 
they behaving themselves peaceably and quietly, and not using 
their liberty to licentiousness, nor to the civil injury or outward 
disturbance of others ; any law, statute, or clause contained or to 
be continued, usage or custom of the realm of England, to the 
contrary thereof, in any wise notwithstanding. 2 

The government of the province was to be exercised by a 
Governor and Council and General Assembly. 

The Governor was to receive his appointment from the Pro- 
prietors. The Council should be selected by the Governor; he 



■Grants and Concessions compiled by Learning and Spicer, p. 12. 
a And that the right of advowson granted in the patent to the proprietors, 
might not be exercised by their heirs or assigns so as to infringe upon liberty of 
conscience, the General Assembly of the province was empowered to appoint 
such, and so many ministers as they might think fit, and establish their main- 
tainance, giving liberty besides to any person or persons, to keep and maintain 
what preacher or ministers they should choose. 



THE ESTABLISHMENT OF GOVERNMENT. 135 

might make choice of six Councellors at least, or twelve at most, 
or any even number between six and- twelve. 

The General Assembly formed the legislative authority of the 
province. It was composed of the Governor and Council and a 
representative body chosen by the people in manner as follows: 
So soon as the Proprietor's commission should be received in the 
province, a writ should be issued by the Governor for the election 
of deputies ; they were to be chosen by such of the inhabitants as 
were freemen or chief agents of others ; the deputies chosen 
to be twelve in number. But so soon as parishes or other divi- 
sions of the province should be made, then the inhabitants or 
freeholders of the several divisions should, by writ (which it was 
promised should be issued in time) annually meet on the first day 
of January and choose freeholders for each respective division, to 
be deputies or representatives of the same, which body of repre- 
sentatives, or a major part of them, should, with the Governor and 
Council, form the General Assembly of the province. The 
Governor or his deputy should be present and preside in the 
Assembly, unless these officers should refuse, in which case the 
Assembly might appoint its own president for the time. 

The General Assembly were empowered to appoint the times 
for their own meetings and adjournments, and to determine the 
number of their quorum, provided that such number should not be 
less than one-third of the whole number. They were authorized 
to enact all such laws and acts as should be necessary for the well 
government of the province, provided that such laws and acts 
should be consonant to reason, and as near as might be, agreeable 
to the laws and customs of the realm of England, and not contrary 
to the interest of the Lords Proprietors, or contrary to the conces- 
sions. Laws were to remain in force for one year (unless con- 
tradicted by the Lords Proprietors,) within which time they were 
to be presented to the Proprietors for approval, and when con- 
firmed, were to be in force until repealed, or until they should 
expire by their own limitation. The General Assembly had 
power to constitute all courts, and to determine the limits, powers 
and jurisdictions of the same, and also the offices, and the number 
of officers belonging to each court, with their respective salaries, 
fees and perquisites, with their appellations and dignities and the 



136 THE ESTABLISHMENT OF GOVERNMENT. 

penalties that should be due for the breach of their several and 
respective duties, and trusts. 

The Assembly might lay equal taxes and assessments upon all 
lands (excepting the lands of the Lords Proprietors before settling) 
or upompersons within the several divisions, as necessity might 
require, and in such manner as should seem most equal and easy 
to the inhabitants. 

Enactments might be made for the defence of the province, 
providing for the erection of forts, castles, and other places of 
■strength, and defence, and also to create military companies, and 
to make war with all Indians, strangers and foreigners, as cause 
should arise. 

The Assembly might pass laws for the naturalization of strangers 
as also for the division of the province into parishes or districts, 
and for the apportionment of land to settlers, in accordance with 
the directions given by the Proprietors. Acts were to be passed 
providing for the maintainance and support of the Governor, and 
for defraying all the necessary charges of the government. 

The Executive department of the government was committed 
to the Governor and Council. The Governor might appoint a 
Secretary of the province and also a Surveyor General, in case 
these officers were not appointed by the Proprietors themselves. 
By the joint action of the Governor and Council, a Deputy Gover- 
nor might be appointed, who should continue in office during the 
absence of the Governor, or in case of his death, or removal, until 
farther orders should be given. 

In case of the death or removal of any member of the Repre- 
sentative body, the Governor and Council were to issue summons 
by writ to the respective divisions or divisions commanding the 
freeholders to elect others in their stead. They should see that 
all courts established by the laws of the General Assembly, and 
all officers, civil and military, should execute their duties, accord- 
ing to the laws in force. They were to nominate and commis- 
sionate the officers belonging to the several courts, (the offices, 
with the duties appertaining to each, being determined by the laws 
of the Assembly) but freeholders only were to be appointed to 
these offices, except with the special assent of the General Assem- 
bly. In like manner they were also to nominate and comniis- 
sionate all military officers. 



THE ESTABLISHMENT OF GOVERNMENT. 137 

The Governor, with the advice of his Council, or without, in 
case of immediate danger, was to collect and command the military- 
forces of the province, and to suppress all rebellions and mutinies, 
as well by sea, as by land. 

The Governor and Council might grant a reprieve to criminals 
after condemnation, but the power of final pardon was reserved to 
the Lords Proprietors. 

Beside the positive grant allowing to the General Assembly the 
power of imposing taxes, a prohibitory article forbade the exercise 
of this power by the Governor and Council; they were not to 
impose nor suffer to be imposed, any tax, custom, subsidy, tollage, 
assessment, or any other duty whatsoever, upon any color or pre- 
tence, other than what should be imposed by the authority and 
consent of the General Assembly. 

Full provision was made in the concessions in relation to the 
privileges to be granted to planters ; the mode of granting lands, 
and the proportions to be assigned to settlers, according to the 
time of their coming, and the number and capacity of the persons, 
were distinctly set forth. 3 

By a general provision, it was made lawful for the representa- 
tives of the freeholders within the province, to make any address 
to the Lords Proprietors touching' the Governor and Council or 
any of them, or concerning any grievances whatsoever or any 
other thing they might desire, without the consent of the Governor 
and Council or any of them. 

Such was the form of government provided in the concessions. 
It embodied many of the principles which belong to the most 
liberal institutions. It gave entire exemption to the people from 
all taxation except such as their representatives should assent to, 
and as a farther security of property, it gave to the Assembly the 
full control over all the expenditures of government. 

Freedom of conscience and worship was secured to every one 
who should conduct himself as a peaceable citizen. Justice was to 
be administered by tribunals erected under popular authority, and 
an additional security against the arbitrary exercise of power was 
given by the concession of an unlimited privilege of appeal or petition. 

3 See Grants and Concessions from p. 12 to 26. 



138 THE ESTABLISHMENT OF GOVERNMENT. 

Had the plan of the concessions heen fully pursued, the govern- 
ment established thereby would have nearly approached to the popu- 
lar character, at least in regard to the legislative department. By Ihe 
increase of numbers in the representative branch of the General 
Assembly, the popular element would have finally acquired a de- 
gree of strength that must have given it a controlling influence. 4 
But, as will presently be seen, the actual working of the plan did 
not entirely agree with its general theory. 

On the same day that the instrument of government was signed, 
Philip Carteret, a brother of one of the Proprietors, received a 
commission as Governor of New Jersey. He made immediate 
preparations for departure, and in company with a number of 
persons who were disposed to adventure as planters, he sailed 
from England and arrived in the province in August, 1665. They 
landed at a place to which they gave the name of Elizabeth, in 
honor of the lady of Sir George Carteret. 5 

But previous to the arrival of the Governor, circumstances had 
occurred in the province, which offered an obstruction to the pur- 
suance of the proprietary measures, and which proved in the end 
a source of serious embarrassment to the government. 

As already stated, a commission had been given to Colonel 
Nicholls, by which he was authorized, on behalf of the Duke of 
York, to assume the direction of affairs throughout the whole of 
the country that had been granted to the Duke. 

Nicholls had not been informed of the grant which was made to 
Berkely and Carteret, and therefore supposed himself to be in 
authority in the portion of country belonging to them, as fully as 
in other places, and had proceeded to exercise his powers therein. 
After the conclusion of his military duties, he had turned his at- 
tention to civil affairs ; for the purpose of promoting the settlement 
of the country he published "conditions for new plantations," 



4 Although the number of deputies was limited at first, yet an increase of 
numbers must have occurred from the erection of new divisions in the province, 
and as the Assembly, according to the obvious intent of the scheme, would 
have formed but a single house, the numerical strength of the popular branch 
would have given it virtual control in the body. 

Whitehead's History of East Jersey, p. 3G. 



THE ESTABLISHMENT OF GOVERNMENT. 139 

which conditions were supposed to be applicable to the entire 
extent of his province. 5 The terms that were offered were re- 
garded as liberal in their character, and were embraced by a 
number of persons, some of whom selected lands within the 
limits of New Jersey. Governor Nicholls held this portion of 
territory in high estimation, and had conferred upon it the name 
of "Albania," from one of the titles of the Duke of York. He 
had expected that much advantage would arise to his master, and 
perhaps to himself, from the settlement of "Albania," and became 
much dissatisfied at learning that a full conveyance of the country 
had been made to others. He expressed his disappointment in 
decided terms ; he represented to the Duke of York the impolicy 
of dividing the province, and particularly of parting with the most 
desirable portion, and finally proposed that the grant should be 
recalled, or a composition be made with the holders by assigning 
to them a different portion of country. 7 

6 The terms proposed by Nicholls for acquiring lands within the territories of 
the Duke of York, were these. Purchases were to be made from the Indian 
Sachems, and recorded by the Governor. The purchasers were not to pay the 
Governor for the liberty of purchasing. The purchasers were to set out a town 
and inhabit together; no one should at any time contract for himself with 
any Sachem, without the consent of his associates, or special warrant from the 
Governor. The settlers were to be free from all manner of assessment or rates 
for five years after their town plat was set out, and when this time had expired, 
they were only to be liable to the public rates and payments according to the 
custom of other inhabitants, both English and Dutch. All lands thus purchased 
and possessed, were to remain with the purchasers and their heirSj as free lands 
to dispose of as they pleased. Liberty of conscience was to be allowed, provided 
such liberty was not converted to licentiousness, or the disturbance of others. 
The several townships were to have liberty to make their own particular laws, 
and to decide all small causes within themselves. Every township should be 
obliged to pay their minister according to such agreement as should be made, 
unci no man to refuse his proportion, the minister being elected by the major 
part of the householders inhabitants of the town. Every township should have 
the choice of their officers, civil and military, and all men who should take the 
oath of allegiance, and were not servants or day laborers, but were admitted to 
enjoy a town lot, should be esteemed as free men of the jurisdiction, and could 
not forfeit the same without due process of law. Chants and Concessions, p. 667. 
' [A portion of a letter from Colonel Nicholls to the Duke of York.~] 

"I must now descend to the particular occasion of giving your Royal Hi°-h- 



140 THE ESTABLISHMENT or GOVERNMENT. 

But if the Duke had any disposition to comply with such a 
proposal, he could not fail to perceive, that the season had passed ; 
Nicholls was obliged to acquiesce in the loss of a portion of 

ness this trouble, wherein my Lord Berkely and Sir George Carteret are con- 
cerned ; who I know also will be so just to me, as to have me excused for 
manifesting clearly my knowledge to your Royal Highness. About ten days 
past Captain Bollen shewed me a letter from my Lord Berkely and Sir George 
Carteret, and therewith a grant from your Royal Highness to them for all the 
lands on the west of Hudson River, as more fully may appear in the said grant; 
wherein is comprehended all the improveable part of your Royal Highness' 
patent, and capable to receive twenty times more people than Long Island, and 
all the remaining tracts, in respect not only to the quantity of the land, but to 
the sea coast and Delaware River, and lastly, the fair hopes of rich mines, to 
the utter discouragement of any that shall desire to live under your Royal 
Highness' protection. In short, I hold myself obliged to give your Royal 
Highness this account upon certain knowledge, having exactly considered and 
preferred the advance of your Royal Highness' reputation in these parts above 
all considerations or obligations whatsoever; and for my boldness, I can at least 
but beg pardon. Neither can I suppose, that my Lord Berkely or Sir George 
Carteret knew how prejudicial such a grant would prove to your Royal High- 
ness, but must charge it upon Captain Scot, who was born to work mischief, as 
far as he is credited or his parts serve him. This Scot, it seems, aimed at the 
same patent which your Royal Highness hath, and has given out words that he 
had injury done him by your Royal Highness ; whereupon he contrived and 
betrayed my Lord Berkely and Sir George Carteret into a design (contrary to 
their knowledge,) of ruining all the hopes of increase in this territory, which he 
hath fully completed, unless your Royal Highness take farther order therein- 
Upon this tract of land several new purchases are made from the Indians since 
my coming, and three towns beginning. I gave it the name of Albania, lying 
to the west of Hudson's River, and to Long Island the name of Yorkshire, as to 
this place the name of New York, to comprehend all the titles of your Royal 
Highness. Far be it from me to aggravate any thing beyond the bounds of a 
faithful servant; for, when it may conduce most for your Royal Highness' 
service, I shall as freely surrender up all parts to your Royal Highness' pleasure 
as it becomes me to do. I presume farther to propose a better and more entire 
tract of land, worthy of great consideration, to my Lord Berkely and Sir George 
Carteret, which is that part of Delaware River which is reduced from the Dutch, 
if it is not already disposed; if so, then that my Lord Berkely ami Sir George 
Carteret may have a hundred thousand acres along the sea coast, which is a 
most noble tract of land ; but this will cost them £'20,000 before it will yield them 
a penny, and their children's children may reap the benefit." 

Some time afterwards in a letter to Lord Arlington, Nicholls farther remarks : 



■ 



THE ESTABLISHMENT OF GOVERNMENT. 141 

authority and to surrender New Jersey into the hands of Carteret. 
But in the action already taken, the foundation was laid for no 
little difficulty in future. 8 

Upon the arrival of Governor Carteret, he entered at once upon 
the discharge of the duties of his place. He adopted measures to 
invite attention to the province ; messengers were sent abroad to 
publish the "Concessions," and to set forth the advantages that 
were offered, both in the government, and in the fortunate situa- 
tion of the country. A rapid accession to the number of settlers 
rewarded the Governor's efforts ; numerous emigrants entered 
from the neighboring settlements, and the population was farther 
increased by frequent arrivals from England. At an early period 
the executive authority of the province was fully established by 
the appointment of a Council; the Governor selected for this 
situation Captain Nicholas Verlett, Daniel Pierce, Robert Bond, 
Samuel Edsall, Robert Vanquellen and William Pardon. James 
Bollen was appointed Secretary of the province. 9 

One of the first and most important objects requiring the atten- 
tion of government, was that relating to the apportionment, and 
the titles of lands. Lands were granted out in accordance with 
the provisions made in the concessions. These regulations, which 
were farther confirmed by instructions to the Governor, required 

" My humble conception and certain knowledge direct me to inform your Lord- 
ship, that by the unskilfulness of the informers, the west side of Delaware River, 
now seated with Swedes, Finns and Dutch, is crushed between the Lord Balti- 
more's patent on the west side, and the Lord Berkely's indenture on the east, 
that the present inhabitants cannot possibly subsist in so narrow a compass." 
He therefore suggests " that twenty miles on each side of the River Delaware, 
should be given to Lord Berkely and Sir George Carteret instead of the land 
granted to them." Note in Whitehead's East Jersey, p. 181. 

s Large grants had already been obtained in accordance with the " Condi- 
tions" proposed by Nicholls. On the 30th of September, 1664, John Bailey, Daniel 
Denton, and Luke Watson, under permission from Governor Nicholls, had 
obtained from the Indians a deed for land which afterwards came to be known 
as the Elizabethtown tract. On the 8th of April, 1665, Nicholls confirmed 
another purchase to several individuals. This grant which is sometimes called 
the Monmouth patent, was the foundation of the settlement of Middletown and 
Shrewsbury. See Grants and Concessions, p. 669. 

8 The precise date of the appointment of these officers is not determined. 



149 THE ESTABLISHMENT OF GOVERNMENT. 

that the general divisions of land should be made by the Governor 
and Council and General Assembly, (if any be ;) they were to 
divide all lands into general lots, one seventh part of each to be 
reserved to the Proprietors, and the remainder to be granted to 
individuals, or companies. Particular grants were to be made by 
the Governor or his Deputy ; he should give to all applicants a 
warrant signed and sealed by himself and the major part of the 
Council, directed to the Surveyor General or his Deputy, com- 
manding him to lay out and limit the grant. The Surveyor 
General was required by certificate to inform the Chief Secretary 
or Register of the name of the grantee, the date of the warrant, 
the number of acres, and the situation of land, which certificate 
was to be entered by the Register in a book prepared for the pur- 
pose. All lands were to be held in free and common socage. 
But for every acre thus granted there should be reserved a yearly 
rent of one penny or one-half penny, (according to the value of 
lands,) to be paid to the Proprietors, their heirs and assigns for- 
ever, the payment to be made on the five and twentieth day of 
March, of each year, to begin in the year 1670. 

If lands thus granted should be neglected, and not planted with 
a sufficient number of persons, within the space of three years, 
they might be disposed of anew, but lands quietly held, planted 
and possessed for seven years after being duly surveyed, should 
not be subject to any review or resurvey. 

The lands that were granted prior to the coming of Governor 
Carteret, comprehending the beginning of" three towns," were held 
by a title directly adverse to the proprietary provisions. ,0 They had 
been made by different authorities, and upon other terms ; they 
were founded upon a purchase from the Indians, and a confirma- 
tion or license from Nieholls. The former of these in itself was of 
no value as an element of title, it could only remove an obstruction 
to the perfect establishment and enjoyment of title. The right to 
the territory was supposed to have been vested in the English 
King, and only he, or his grantees, could make a valid con- 
veyance to others. The confirmation or permission from Nieholls 

10 The grants that had been confirmed by Nieholls were the foundation of 
the settlements of Elizabethtovvn, and Middlotown and Shrewsbury. 



THE ESTABLISHMENT OF GOVERNMENT. 143 

would probably have stood, had the country at the time been 
within his jurisdiction, but it had previously been conveyed, and 
all ownership and all proper authority were in other hands. 

No immediate interruption of harmony resulted from the con- 
trariety of interests and of claims, that thus arose in the province ; 
the consequences may not have been fully foreseen. At subse- 
quent periods various expedients were resorted to in order to re- 
move the evil, or prevent the injury. Some of the grantees of 
Nicholls received new patents from the Proprietary government, 
and others disposed^ of their claims. 11 But the difficulty continued 
to exist; many of these claimants insisted that they had already 
obtained a sufficient title, and resolved to hold to the rights that 
had thus been acquired, without any regard to the proprietary 
regulations and demands. 

At the same time that they obtained their lands, the settlers in 
the province received grants authorizing the exercise of particular 
privileges and powers. Nicholls had required, that settlements 
should be made in companies, that the planters " should set out a 
town and inhabit together," and to these "towns" certain corporate 
privileges were allowed. Similar grants were also made by Go- 
vernor Carteret. These grants, which may properly be termed 
charters, formed instruments of government by which the people 
of the several places were enabled to make such regulations as their 
particular situation required, and also to supply any lack that might 
have existed at this early period, from the imperfect organization 
of the provincial government. The local charters were some- 
what different in their conditions. That which was granted by 
Nicholls to the people of Middletown and Shrewsbury, and which 
was allowed to continue in force under the proprietary government, 
and which was finally confirmed, gave to the people important pri- 
vileges. It gave full authority to dispose of the lands conveyed in 
their patent as to them should seem meet. To exercise their own 



" Governor Carteret himself became concerned in a purchase from some of 
the holders of the Elizabethtown tract. He may have designed by the measure 
to lessen the difficulty from conflicting claims, but it was afterwards used as an 
argument against him, it being represented as an acknowledgment of the title 
obtained through Nicholls. 



144 THE ESTARLISHMENT OF GOVERNMENT. 

discretion as to the employment and maintainance of minis- 
ters. That all cases not criminal in their nature, should first have 
a hearing within their cognizance, and that no appeal should be 
taken to a higher court when the sum' in issue did not exceed ten 
pounds. That criminal cases and matters above ten pounds were to 
be determined in higher courts, and appeals to his Majesty were not 
to be hindered. That the people should have the liberty to nomi- 
nate two persons to fill each commissioned office, whether civil, 
or military, of whom one should be selected and commissioned by 
the Governor. Finally, they were to be allowed to make such 
peculiar prudential laws amongst themselves, as might be deemed 
necessary. 12 

An association which was formed in 1666, received a charter 
from Governor Carteret, in which they were allowed to choose 
their own magistrates for the government of the corporation ; to 
select their own minister ; to nominate their military officers 
and justices of the peace for the approval of the Governor, and to 
have courts to try all causes actionable within their own jurisdic- 
tion, from which no appeal should be taken when under the sum 
of five pounds. Liberty of conscience was guarantied short of 
licentiousness, and disturbance of the public peace. No tax or 
custom to be imposed, save such as should be approved by the 
provincial government, together with other particulars agreeing 
with the provisions of the proprietary concessions. 13 

In the same year (1666,) an association was formed by a com- 
pany of persons in New England, for the purpose of forming a 
settlement in the province of New Jersey, and previous to their 
removal they adopted "two fundamental agreements touching, 
their intended design," and these agreements exhibit a new feature 
of civil polity. The company resolved "that none should be ad- 
mitted freemen or free burgesses within our town upon Passick 
River, in the province of New Jersey, but such planters as are 
members of some or other of the congregational churches ; nor 



12 Grants and Concessions, p. 664. 
13 The settlers under this charter were to settle one or two townships, con- 
sisting of from forty to one hundred families, between Railway and Karitan 
rivers. See note in Whitehead's Eust Jersey, p. 183. 



THE ESTABLISHMENT OF GOVERNMENT. 145 

shall any but such be chosen to magistracy, or to carry on any 
part of civil judicature, or as deputies or assistants to have power 
to vote in establishing laws, or making or repealing them, or to 
any chief military trust or office. Nor shall any but such church 
members have any vote in any such elections ; though all others 
admitted to be planters shall have the right to their proper inheri- 
tances, and do, and shall enjoy all other civil liberties and privileges, 
according to laws, orders, or grants, which are or hereafter shall be 
made for this town." 

That " we shall with care and diligence provide for the main- 
tainance of the purity of religion professed in the congregational 
churches." 

A portion of this body upon their arrival in the province, held 
a meeting " near to Elizabethtown and the Town Plots, on Pas- 
saick River," on the 21st of May, 1666, and resolved that at the 
arrival of their associates they would endeavor to settle together, 
and form one township, and be of one heart and consent with 
God's blessing in endeavoring to carry on their spiritual concern- 
ments, as well as their civil and town affairs, according to God 
and a godly government. 14 

The "agreements" entered into by these settlers, manifested a 
disposition to make the enjoyment of civil privileges dependent 
upon a certain religious profession and belief; a rule of action 
which had been generally adopted, and acted upon, in New 
England. It was fortunate perhaps that no such principle was 
recognized in the form of government which the Lords Proprietors 
of New Jersey had devised ; had it been otherwise, the religious 
intolerance and oppression that had been witnessed in New Eng- 
land, might have been revived, to the injury and affliction of this 
new province. 

A period of three years elapsed before the government projected 
by the Proprietors was brought fully into action. Earlier than 
this, the population and condition of the province were not sup- 
posed to be such as to require, that a general representative body 
should be chosen. 



14 These settlers were from several different towns in Connecticut. They 
established themselves at Newark. Whitehead, p. 45. 

19 



146 THE ESTABLISHMENT OF GOVERNMENT. 

But on the 7th of April, 1668, Governor Carteret issued a pro- 
clamation requiring the freeholders of each town to make choice 
of two able men that were freeholders and dwellers within their 
limits, to be their Burgesses and Representatives in a General 
Assembly, to be held at Elizabethtown, on the 25th of May. 15 
In accordance with the Governor's direction, deputies were elected 
in the several towns, and met together, and oft the 26th of May, 
1668, the first Legislative Assembly in the history of New Jer- 
sey commenced its proceedings. 

15 Whitehead, p. 52. 



CHAPTER IX. 



FIRST LEGISLATIVE PROCEEDINGS. OPPOSITION OF THE PEOPLE TO 

THE GOVERNMENT. RETURN OF THE DUTCH, AND RESTORATION 

OF THE ENGLISH AUTHORITY. 

At the first meeting of the legislative body, all the principal 
towns in the province were found to be represented. 1 The ses- 
sion seems to have passed with a good degree of harmony, and 
was brief in its duration; it continued but four days. A principal 
measure was the enactment of a bill of pains and penalties which 
was somewhat remarkable for its extreme severity. In many 
particulars, it followed the Levitical law; twelve crimes were 
enumerated for which, under certain circumstances, the punish- 
ment of death would be incurred. But it was prescribed "that no 
man's life shall be taken away under any pretence, but by virtue 
of some law established in the province, that it be proved by the 
mouth of two or three sufficient witnesses." 

An enactment was passed providing for the expenses of govern- 
ment, ordering that the sum of thirty pounds should be raised, by 
a levy of five pounds on each of the towns represented at the 
time. It was also enacted that the Assembly should meet on the 
first Tuesday in November of every year, until they should see 
cause to alter the said time of meeting, and that the deputies "of 
each town should be chosen on the first of January according to 
the concessions ; and for the absence of any deputy, he should be 
liable to pay forty shillings for every day's absence, as a fine to 
the county, unless the Assembly should see cause to remit the 

1 The following Burgesses appeared, for Bergen, Gasper Steenmetts and 
Balthazar Bayard ; for Newark upon Pishawack River, Captain Robert Treat 
and Samuel Swarne; for Elizabethtown, John Ogden, Sen'r. and John Braok- 
ett; for Woodbridge, John Bishop and Robert Dennis; for Middletown, James 
Grover and John Bound, the last named also represented Shrewsbury. 

Gra?ifs and Concessions, p. 77. 



148 FlttST LEGISLATIVE PROCEEDINGS. 

same. Extraordinary meetings of the Assembly might be called 
at the discretion of the Governor and Council, "as the necessity 
and weighty affairs of the province should require." Some 
other enactments were made and several matters were deferred 
for future consideration. The deputies informed the Governor 
and Council, that they had perused the contents of the several 
acts presented to them, and they thought it needful that laws 
should be made, "but by reason of the week so near spent and 
the resolution of some of our company to depart, and the meeting 
to surcease for the present, they were necessitated to refer the 
full consideration of them, until the next session of the.Assembly." 

The Assembly then adjourned to the 3d of November next 
ensuing. 

The second meeting of the General Assembly, took place ac- 
cording to previous adjournment, on the 3d of November of the 
same year (1668.) At an early period of the session the defects 
in the government of the province began to be manifested. The 
powers to be exercised by the different departments were suffi- 
ciently determined; the authority assigned to the General Assembly 
was fully defined, and it was such as properly belonged to the 
body ; the general aim was just. But the body was so constituted as 
to render harmonious action in the pursuit of the aims proposed, 
extremely uncertain and difficult. The two branches of which 
the Assembly was composed, were entirely different in origin, one 
being chosen by the people, and the other, appointed by the Lords 
Proprietors, or by the Governor. The points of agreement be- 
tween these divisions, were not sufficient in number or strength to 
secure accordance in action, and yet the respective forces were 
balanced so nearly as to prevent the decided preponderance of 
either. The number of members in the proprietary branch, was 
nearly equal to the whole of the deputies. But in this particular 
a change would have gradually occurred from the increase of 
population, and the consequent addition to the representative body. 2 

a The number of representatives in this Assembly was increased by the ad- 
dition of two deputies from Delaware River, they were Peter Jegon and Fa- 
brus Outout. The whole number elected at this time, was fourteen, but the 
representatives from Middletown and Shrewsbury being dismissed, the number 
sitting was the same as at the former session. 



FIRST T.EOTSLATIVTS PROCEF.PINOS 1 19 

But this advantage to the popular interest was entirely prevented 
by the separate meeting of the branches, a mode of procedure 
which would render numerical force of no effect; in separate 
chambers, the smaller body might effectually control the larger. 

A number of acts of minor importance were passed or assented 
to, but the manner in which the business of the session was con- 
ducted, was soon productive of embarrassment, and perhaps of 
irritation. What particular circumstances led to this course of 
procedure, whether it resulted from a different construction of the 
terms of the concessions, or from the mere determination of one 
of the branches, is a matter that is left to conjecture. But it led 
to an open disagreement. On the third day of the session a mes- 
sage was sent by the deputies to the Governor and Council, to the 
following effect: 

"We finding so many and great inconveniences by our not sit- 
ting together, and your apprehensions so different from ours, and 
your expectations that things must go according to your opinions, 
though we see no reason for, much less warrant from the conces- 
sions ; wherefore we think it vain to spend much time of returning 
answers by writing that are so exceeding dilatory, if not fruitless 
and endless, and therefore we think our way rather to break up 
our meeting, seeing the order of the concessions cannot be at- 
tended to." 

The Governor and Council replied that "in answer to your last 
proposition, we desire you to appoint two of your deputies to 
consider with us in what point we act contrary to the concessions, 
it being too late to-night to entertain so long a debate, we will be 
ready to-morrow morning to give them a hearing, and if reason 
will satisfy you, we shall be very well pleased that you proceed 
according to the Lords Proprietors concessions, and the trust re- 
posed in you, if not you may do what you please, only we advise 
you to consider well of your resolutions before you break up." 3 



3 Grants and Concessions, p. 90. According to a fair interpretation of the 
terms of the concessions, the two branches were not only to sit together in one 
chamber, but to act together as one body ; the latter particular however may 
not be so clearly determined as the former. But an entire separation took 
place. 



150 OPPOSITION OF THE PEOPLE TO THE GOVERNMENT. 

The next day the Assembly adjourned sine die, and seven 
years elapsed before another convened. 

Beside the want of harmony between the different branches of 
of the legislative body, other circumstances occurred in the course 
of this session, calculated to have a disturbing effect. As already 
noticed, the people of Middletown and Shrewsbury had received 
a grant of land with a charter of privileges from Governor 
Nicholls, but no confirmation had yet been obtained from the pro- 
prietary government. Delegates from these towns had been sent 
to the first provincial Assembly, and had acted therein, giving 
their assent to the laws at that time enacted, and amongst others, 
to the enactment for raising a sum of money to defray the ex- 
penses of the government. But the people of these places refused 
to submit to the requirements of the Assembly ; they would not 
allow the laws to be published, or any levy to be made within 
their limits, asserting that they were authorized by their charter 
to pass all necessary laws, for themselves. This was a virtual 
assertion of independent authority, though they had acknowledged 
the existing government by the election of deputies in accordance 
with the Governor's proclamation, as well as by the action of 
their representatives as a part of the legislative body. Under 
these circumstances the representatives sent by these towns at 
the second session of the General Assembly, were not allowed 
to take their seats, unless they would first subscribe the oaths of 
allegiance and fidelity to the government. This they refused to 
do, except with certain limitations, and they were consequently 
refused admittance. An act was then passed by the Assembly, 
appointing commissioners to visit these places, and to demand the 
amount that was due on account of the former requisition, and 
also a farther sum then ordered to be raised, and the commissioners 
were authorized, if necessary, to take the said sums by way of 
distress, and that the General Assembly would save them harm- 
less. The commissioners were also authorized to demand " the 
positive resolution of the inhabitants" as to their submission to 
the government of the province. 

What effect was produced by these measures is not known, 
as the subsequent suspension of the Assembly caused an entire 
interruption in the regular course of affairs. 



OPPOSITION OF THE PEOPLE TO THE GOVERNMENT. 151 

The action of the Middletown settlers was the first manifesta- 
tion of actual hostility to the proprietary government. But the 
elements of opposition existed, and the occurrences just noticed 
were well calculated to bring them into active operation. A period 
too, was now approaching which would be likely to test the dis- 
positions of the people, and thus to afford an occasion for increased 
activity on the part of those who were not well affected. This 
occasion was the time for the payment of quit rents, which oc- 
curred on the 25th of March, 1670. 

Immediate and general opposition was manifested. The principal 
agitators were those who were holders of lands which had been 
purchased from the Indians, by permission from Governor Nicholls, 
and among these persons the people of Elizabethtown became 
somewhat conspicuous. They asserted that they had already 
paid for their lands, and that their rights had been recognized by 
an officer who was believed to be properly qualified, and that ac- 
cording to the terms of the grant, they were to enjoy their pro- 
perty, as free lands. These declarations though correct as state- 
ments of facts, were yet wholly wanting in force. A purchase 
from the natives, in itself, would give no title, and Governor 
Nicholls had no authority at the time, to make any conditions, or 
agreements whatever. These settlers too, had continued in the 
province after the establishment of the existing government, and 
with a perfect knowledge of its provisions ; they had participated 
in the privileges and the protection it granted, and some had taken 
the oaths of allegiance. An obligation had thus been formed to 
comply with the regulations that had come into force. But beside 
these persons, there were found in the ranks of the disturbers, 
many who had acquired their claims to land under the authority 
of the proprietary government. In regard to these individuals no 
plea whatever could be found to extenuate their opposition to the 
present demand. They had taken up property after being fully 
apprized of the terms, and their unwillingness to abide by the 
agreement must be regarded as evidence, that they were more 
sensible to the calls of interest, than to the demands of justice. 
But, whether with or without a plea, a large number of the settlers 
utterly refused to comply with the demands of the Proprietors. 

Governor Carteret endeavored to uphold the authority and to 
enforce the demands of the government. 



152 OPPOSITION OF THE PEOPLE TO THE GOVERNMENT. 

The people were urged to take out patents for lands, and the 
several corporations were warned to admit no persons to the rights 
of citizens, until they had complied with the regulations and laws 
of the province. But warnings and demands were alike disre- 
garded, and during a period of two years the state of the province 
may truly be characterized as one of utter misrule. At length 
the opponents of the proprietary authority formed a determination 
to establish a separate government. Deputies were elected by 
the disaffected inhabitants in the several towns, and the members 
so chosen convened at Elizabethtown on the 14th of May, 1672, 
claiming to be the true representative body of the province. A 
new Governor was also selected. This individual was James 
Carteret, an illegitimate son of Sir George, a young man who had 
probably visited the country rather with a view to be free from 
restraint, than to exercise authority himself. He entered upon 
office in virtue of authority delegated to him by the people, through 
the Assembly. But besides this, he set up a claim to the govern- 
ment under the pretence of a grant from his father, which however, 
was never produced, and which there was nothing whatever to con- 
firm, and the countenance given to this claim by the new Assem- 
bly, whilst it manifested a desire to justify their proceedings by an 
apparent regard to the rights of the Proprietors, showed, at the 
same time, a grievous want of a proper regard to truth. Many 
acts of injustice and severity were committed under the direction 
of the pretended government which had thus been erected, legal 
officers of the province were imprisoned, and their estates confis- 
cated, and a complete subversion of the proper authorities seemed 
nearly at hand. 4 

4 The disturbances that occurred in other parts of the province seem not to 
have extended to the settlements on the Delaware. The people there did not 
participate in ihe resistance to Governor Carteret's authority. The exact situa- 
tion of this part of the province however, during this first period of Carteret's 
administration, is not fully determined. It has been seen that upon the recovery 
of the country upon the Delaware from the Dutch, an agreement was made with 
the people securing them in the enjoyment of certain privileges and rights, under 
the authority of the King. The claim of Maryland on the western side of the river, 
being put back by the superior authority of the Sovereign, the government was 
administered by Nicholls or officers appointed by him, until the further pleasure 
of the King should be known. The conveyance from the Duke of York to 



OPPOSITION Or THE PEOPLE TO THE GOVERNMENT. 153 

Finding that all power to enforce the laws of the province was 
lost, the Governor's Council advised that he should return to 
England, and give full information to the Proprietors of the state 
of affairs, and receive from them such further instructions as the 
present emergency might be thought to require. This counsel the 
Governor determined to follow. John Berry was appointed to 
serve as Deputy Governor during his absence, and soon after- 
wards, in company with James Bollen, the Secretary of the 
province, he departed for England. 

The Lords Proprietors gave the provincial officers a gracious re- 
ception. The favor of the Duke of York was also secured; at the 
request of the Proprietors the Duke addressed a letter to Governor 
Lovelace of New York, bearing date November 25th, 1672, in 
which instructions were given in relation to the disturbances that 

Berkely and Carteret placed the territory on the eastern side of the river, under 
the proprietary rule, and in 1668, as has been seen, deputies from that portion 
of the province, formed a part of the Assembly of New Jersey. On the western 
side of the river, government was continued under the direction of Nicholls; 
a garrison of twenty men was established at New Castle, under the command 
of Captain Carre, and he, with a Council of six persons, had the control of all 
affairs, only, that in "matters of difficulty or importance" he was to have re- 
course by way of appeal to the Governor and Council of New York. The 
same mode of government was continued under Governor Lovelace. He ordered 
that a duty of ten per cent, should be collected at Hoarkill upon all goods im- 
ported into the Delaware, and also upon all exports, and appointed Martin 
Preiger to collect the same. In some particulars the Governors of New Jersey 
and New York proceeded in concert. In 1671 they concerted measuies for 
the suppression of Indian disturbances on the Delaware, and it was agreed that 
nothing should be done without mutual advice and consent of both Governors, 
unless upon extraordinary occasions, where advantage against the enemy might 
be suddenly taken. In 1672 the government of New York gave corporate 
powers to the town of New Castle ; the authorities consisted of a bailiff and six 
assistants. The English laws were to be established in the town, and among 
the inhabitants on both sides of the Delaware. Whether this extension of 
authority was actually attempted in New Jersey, at the time, is not known, but 
the situation of the province was such, that no resistance to such an encroach- 
ment would probably have been made. The authority erected at New Castle 
was maintained by the government of New York, resisting and finally defeating 
the attempts of the people and government of Maryland to recover the country, 
and afterwards, as will be seen, infringing upon the rights of New Jersey. 
20 



J 5 I OPPOSITION OF THE PEOPLE TO THE GOVERNMENT. 

had occurred in New Jersey. Lovelace was directed to take notice 
himself, and when occasion should offer, to make known to the per- 
sons concerned, and to all others, that the Duke would countenance 
nothing which would derogate in the least from the grant he had for- * 
merly made to the Proprietors of the province, and the Governor 
Was further instructed to give aid and assistance to the proprietary 
authorities for the restoration of order and quiet. The "pretended 
grants" from Colonel Nicholls were also expressly mentioned, and 
were declared by the Duke to be entirely void. 5 The interposition 
of the King was also procured ; a missive was directed by him to 
Deputy Governor Berry, confirming his appointment, and enjoin- 
ing upon all persons obedience to the government of the Lords 
Proprietors. At the same time, measures were adopted by the 
Lords Proprietors themselves, to preserve their interests and main- 
tain their authoirity. They issued "A Declaration of the true 
intent and meaning of us the Lords Proprietors and explanation of 
their Concessions." This explanation however was in fact a real 
alteration, changing the concessions in several important 'particu- 
lars. The authority that had been granted to the General Assem- 
bly was greatly reduced. The power of determining the times 
of meetings and adjournments which had belonged to the Assembly 
itself, was committed to the Governor and Council, so also was 
that to constitute courts in particular corporations, 6 and to establish 
regulations for the allotment of lands. The right of advowson 
"claimed by the Lords Proprietors and which they had granted • 
to the General Assembly, was resumed and given to. the Gov- ' 
ernor and Council, subject to the nomination by the several cor- 
porations. The authority of the executive body was further 
extended in regard to the appointment of the officers of the pro- 
vince, both civil and military. • 

It was also directed that in all General Assemblies the Governor 
and his Council were to sit by themselves, and the Deputies or 
Representatives to form a separate chamber. These changes 
gave almost a new ^character to the concessions. 

» Grants and Concessions, p. 32. 
6 It was ordered that no more corporations should be established without the 
special order of the Lords Proprietors. 



OPPOSITION" OP THE PEOPLE TO THE GOVERNMENT. 155 

A general declaration was made at the same time, directed to 
the people of the province ; in which, the Proprietors declared that 
all lands that had been granted by Governor Carteret according 
to the terms prescribed, should remain to the owners and their 
heirs, forever, they performing the obligations they had entered 
into. But any claim founded upon grants from Colonel Nicholls 
the Proprietaries utterly disowned, unless the holders should 
patent their lands anew and pay the quit-rent, in which case, but 
not otherwise, they should enjoy their tracts under the laws of the 
province. Instructions were also given to the Governor and 
Council directing that land should be purchased from the Indians 
in the name of the Lords Proprietors, and that the expenses 
should be reimbursed by individual purchasers, at the same rate. 
The final payment of all quit-rents was deferred, being directed to 
be made in three years from 1673. 

The several orders and documents that had been issued were 
received by Governor Berry, and were published in the province 
in May, 1673. 

But Lord Berkely, one of the Proprietors who had become 
alarmed at the insubordination that had been shown, and dissatis- 
fied with the prospect of pecuniary advantage, had already dis- 
posed of his interest in the province. He parted with the whole 
of his right and title on the 18th of March, 1673. 

The course of conduct that was pursued by the settlers of New 
Jersey, or by that poi-tion of them who were concerned in the 
disturbances that have been noticed, can in no wise be justified. 
The change that occurred at the establishment of the proprietary 
government may not have been fortunate for those who had 
already made purchases of land by the authority of Nicholls ; the 
conditions granted by him were liberal in many particulars. But, 
as already observed, he had no authority at the time to make 
any conditions whatever. The provisions of the proprietary 
government may not have been equally favorable, and in some 
respects they were not, but whatever they might be, they became 
binding upon all those persons who chose to remain in the 
province, and still more upon such as deliberately entered, after 
the government had come into force. It has been remarked by an 
author of the highest repute, that " the colonists felt conscious of 



J 50 RETURN OF THE DUTCH. 

their ability to take care of themselves." 7 But whether they were 
able to provide for themselves, or not, was far from the question 
in issue ; they had entered either tacitly, or formally, into terms 
with the Lords Proprietors, and there was no other point to be 
determined, than whether they would stand by the agreement they 
had formed. Whatever plea to the contrary might be raised sub- 
sequent to the alterations of the proprietary concessions, nothing 
had previously occurred that could impair the obligation the colo- 
nists were under. 

Whether the measures that had been adopted by the Lords 
Proprietors for the restoration of order, would have been attended 
with full success, there was no opportunity to determine. Before 
the period of trial had expired, the country had passed into other 
hands. 

Besides those disturbances which were of domestic origin, the 
province was also to be agitated in consequence of its connexion 
with countries abroad. " 

The peace in Europe was broken; in March, 1672, war was 
declared against the Republic of Holland by Charles the English 
King, in conjunction with Louis XIV of France. The American 
provinces became again the theatre of hostile movements though 
the order of action was now reversed ; the Dutch became the 
assailants. A squadron had been dispatched from Holland for 
the purpose of destroying the commerce of the English colonies, 
and after various attempts upon different parts of the coast, it ap- 
peared before New York, the ancient seat of the Dutch dominion. 
The arrival occurred at a most favorable period for the attainment 
of the object in view. Lovelace, the Governor, was absent, and 
the chief command had devolved upon Captain Manning. The 
conduct of this officer gave sufficient evidence of his unfitness for 
the trust, and has consigned his name (according to general 
esteem) to a place in military annals, as little to be envied as 
almost any throughout their range. The place was surrendered 
without any attempt at defence, and without any conditions ; and 
full possession was taken by the Dutch on the 30th of July, 



1 Bancroft. The remarks of this author however, in relation to this point were 
afterwards materially changed. See Whitehead, p. 56. 



RETURN OF THE DUTCH. 157 

1673. The fall of New York was immediately followed by 
the subjection of the surrounding country, including the pro- 
vince of New Jersey; the Dutch had recovered their former 
possession. 

At an early period a proclamation was issued setting forth their 
views and intentions; it guarantied to the settlers the enjoyment 
of their rights and privileges, on condition of swearing allegiance 
to the States General of Holland. It required the attendance at 
New Orange, (as they called the city of New York,) of all the 
magistrates and constables from the surrounding country, includ- 
ing East Jersey, and the settlements on Delaware Bay. Most of 
these officers attended and took the oaths as prescribed. These 
proceedings were directed by the naval commanders and captains 
who had been constituted, or constituted themselves into a body 
for the establishment and ordering of government. 8 

Captain Anthony Colve was appointed as the Chief Adminis- 
trative Officer. Application was soon made to the new authorities 
by a number of the English settlers in New Jersey, particularly 
those of Elizabethtown, Newark and Piscataway, praying that 
their rights and privileges under the present organization might 
be more fully made known. The application was immediately 
acted upon. The petitioners were assured that they should be 
protected in the possession of their lawfully acquired lands, that 
they should be placed on the same ground as the Hollanders, in 
regard to their civil privileges, and in case of peaceable behaviour, 
that they should not be required to take up arms against the 
English people or government. The laws of the Netherlands 
were to determine the descent of property, but all persons should 
be left at liberty to dispose of it by will, according to their dis- 
cretion. Liberty of conscience was also promised to the same 
extent as in the mother country. 9 These assurances seem to have 
given satisfaction to the petitioners, as well as to the other inhabi- 
tants of the province. But as a further means of securing quiet, 
and fixing the acquiescence of the people, it was thought neces- 

8 The Commanders were Benckes and Evertzen, the Captains were Colve, 
Boes and Van Tyle. 

9 Whitehead, p. 60. 



158 RESTORATION OF ENGLISH AUTHORITY. 

sary to appoint Commissioners to visit the several settlements 
within the limits of " Achter Kol" as the province of New Jersey- 
was called, and to require that each of the inhabitants should take 
the oath of allegiance ; and this was done in most of the towns. 
Provisional instructions were also given to the magistrates and 
officers in different parts of the province, directing them as to the 
mode of conducting affairs. But after a period, a more permanent 
plan was devised; a meeting of the authorities and the principal 
officers of the province was held, and a code of general laws was 
prepared. These laws were promulgated on the 18th of Novem- 
ber, "By the Schout and Magistrates of Achter Kol Assembly, 
held at Elizabethtown, to make laws and orders." 

The provisions of this code were mild and liberal, and the pre- 
servation of religion and morals seems to have been as much an 
object of care, as the regulation of civil privileges and rights. 
The government thus established was conducted in a manner 
agreeing in a great degree with the spirit of the laws ; the persons 
and property of the people were generally protected and made 
secure, whilst moral and religious observances were recommended 
and enforced. 10 Officers were appointed to have charge in the 
several towns. Peter Alrich was commissioned as Commandant 
in the country upon the Delaware ; he was instructed to require 
the inhabitants to take the oath of allegiance, and was directed 
also "to support the true Christian doctrine as it accords with the 
Synod of Dortretcht, and not permit any doctrine repugnant 
to it."" 

But all the provisions for the establishment and maintainance 
of government were rendered of little effect in consequence of an 
early change in the state of European affairs. On the 9th of 
February, 1674, a treaty of peace was concluded between England 



10 Private property was not respected in all instances. Colve directed that 
the arms and other goods of the late Governor Carteret should be transmitted 
to William Hendrick, and afterwards, directions were given that certain 
persons who were said to have obstructed the execution of this order, should 
be apprehended and carried before the Governor. 

See note in Whitehead, p. 62. 
" Acrelius. 



RESTORATION OF ENGLISH AUTHORITY. 159 

and Holland. By the sixth article of this treaty it was provided 
"That whatever lands, towns, or forts had been reciprocally taken 
since the beginning of the war, shall be restored to their former 
possessors." In consequence of this agreement, the whole of the 
territory that had been taken possession of by the Dutch, includ- 
ing "Achter Kol" or New Jersey, was delivered back to the 
English, and the latter nation afterwards continued in possession 
until the time of the war which gave independence to the American 
colonies. 

But the occupation of New Jersey by the Dutch, and its restora- 
tion to the English, gave rise to a new difficulty in regard to the 
proprietary interests and claims. It became a subject of doubt, 
whether, during these mutations the claims of the Proprietors had 
been merely suspended, or whether they had not been entirely 
extinguished and lost. It was supposed or apprehended, that in 
the course of such changes, the country might have been put back 
in regard to its political condition into the same state that had existed 
before the grants to the Duke of York, and to Berkely and Car- 
teret, had been made. Being restored by the treaty to the English 
Sovereign, he, upon the supposition just mentioned, would be 
reinstated in his rights, and all after claimants be completely 
divested. 12 The question was one of too much intricacy to be 
easily determined, and yet of too much importance to be left open 
to doubt. As the only mode of cutting" off objection and curing 
any defect that might exist, or be supposed to exist, it was re- 
solved that an entirely new conveyance should be made. Accord- 
ingly on the 29th of June, 1674, his Majesty's Letters Patents 
were issued giving to his Royal Highness, James the Duke of 
York, the same portion of country that had been conveyed to him 
in the former grant. The conveyance was made nearly in the 
same terms as the original one. 13 



12 The situation of the country when restored to the King might be consid- 
ered as somewhat different from its state at the time the original grants were 
made. At that tim'e it was held by right of descent, it might now be claimed 
from conquest, and the power of the King over conquered territory was. re- 
garded as greater than that in his inherited dominions. 

13 See Grants and Concessions, p. 41. 



1(50 RESTORATION OF ENGLISH AUTHORITY. 

The course of conduct pursued by the Duke upon the renewal 
of his patent, was such as to justify the belief that he was inclined 
to retain in his own hands the entire advantages given by the 
grant, or at the least, that he was desirous to retain the authority 
it conferred. Only two days after his patent was received, he 
gave a commission to Edmund Andross as Governor, and includ- 
ed within his jurisdiction the whole of the country from "the 
west side of Connecticut River to the east side of Delaware Bay," 
and thus the territory which had formerly been granted by the 
Duke to Berkely and Carteret was now subjected to a rule of his 
own appointment. 14 

But whatever were the wishes or intentions of the Duke, a re- 
newal of his grant to the proprietary of New Jersey was made. 
It is possible that a sense of justice, or his regard to the persons 
concerned, may have overcome, in part, his early reluctance, or if 
these motives were not of sufficient force, the wishes and acts of 
his brother the King, could hardly be disregarded. 

On the 13th of June, 1674, the King had caused a letter to be 
written in which he had recognized and confirmed the interest and 
authority of Sir George Carteret (the remaining original Proprie- 
tor) in the province of New Jersey. The King commanded all 
persons to yield obedience to the laws and government which 
were or which should be established by Sir George, " he being 
seized of the province and of the jurisdiction thereof, and having 
the sole power, under us, to settle and dispose of the said country 
upon such terms and conditions as he shall think fit." 15 This 
letter was issued even before the grant from the King, to the Duke 
of York had been made. Under these circumstances a second 
conveyance of the province was hardly left to the Duke as a matter 
of choice, and the conveyance was made without long delay. On the 
29th of July, 1674, just one month after the reception of his own 
patent, he executed a new conveyance to Sir George Carteret; it 

14 The mere latitude of the commission given to Andross might not be con- 
sidered as sufficient evidence that the Duke was desirous to establish and exer- 
cise authority in New Jersey, but his subsequent conduct gives ample confirma- 
tion upon the point. 

u Grants and Concessions, p. 49. 



RESTORATION OF ENGLISH AUTHORITY. 161 

was made in a similar manner, and nearly in the same terms as 
the former one. But this second grant was made to Sir George 
Carteret in severalty, and included only a part of the territory of 
New Jersey. As before related, Lord Berkely had disposed of his 
interest, being one undivided moiety of the province, to other parties, 
and these parties were not included in any wise in the new agree- 
ment. 

During the joint ownership of Berkely and Carteret no terri- 
torial division of the province had been attempted, nor is it cer- 
tain that any had been contemplated, but in the conveyance now 
made to Carteret, a distinct line was laid down, dividing the terri- 
tory into two separate parts. Whether this was designed at the 
time as a final measure, or only as a sort of provisional arrange- 
ment, is not determined, but is was far from making an equal divi- 
sion. It gave to Sir George "all that tract of land adjacent to New 
England, and lying and being to the westward of Long Island 
and Manhatoes Island, and bounded on the east, part by the main 
sea, and part by the Hudson River, and extends southwards as 
far as a certain creek called Barnegat, being about the middle 
between Sandy Point and Cape May ; and bounded on the west, 
in a strait line from the said creek called Barnegat, to a certain 
creek in Delaware River, next adjoining to and below a certain 
creek in Delaware River, called Renkokus Kill; and from thence 
up the said Delaware River, to the northernmost branch thereof, 
which is in forty-one degrees and forty minutes of latitude; and 
On the north crosseth over, and thence in a strait line to Hud- 
son's River in forty-one degrees of latitude." Within these limits 
much more than one half of New Jersey was included. 

Sir George Carteret received back his province under the fol- 
lowing circumstances. The King of England had expressly 
confirmed the authority formerly exercised by Carteret and his 
associate, under their grant from the Duke of York, as well as 
such authority as Carteret should afterwards exercise, and this 
confirmation from the King was in advance of all conveyances or 
grants to others, made subsequent to the Dutch possession. The 
Duke of York had also made his grant to Carteret in the scms 
manner and form as the original one ; the province was conveyed 
by the Duke as before, " in as full an ample a manner as it had 
21 



162 RESTORATION OF ENGLISH AUTHORITY. 

been given to him," and under the former conveyance the rights 
of government were supposed to be conveyed and had been actu- 
ally exercised by the Proprietors, with the full concurrence of the 
Duke himself. But, before his grant to Carteret the Duke had 
included this very province in a commission of government given 
to Edrnond Andross. In the conduct of the Duke there is ex- 
hibited a great degree of duplicity or obtusity, or rather a singular 
mixture of both. 

Philip Carteret, the Governor of New Jersey, whose mission 
to England has already been noticed, remained in that country 
during the time of the occupation of his province by the Dutch, 
and until the consequent proceedings were completed. So soon 
as the Proprietary authority was again confirmed, Sir George 
Carteret gave a new commission to his brother as Governor, and 
the latter soon afterwards returned to the province. He brought 
a new confirmation by Sir George of the concessions as "ex- 
plained" by the joint Proprietors, with such other regulations as 
the altered state of affairs had appeared to demand. 16 

Nearly at the same time that Governor Carteret returned to 
Nf w Jersey, Edmund Andross, who had been appointed as Gover- 
nor under the Duke of York, arrived in the country, and took 
possession of his post. It will eventually be seen that the authority 
held or claimed, by these neighboring officers, brought them into 
frequent and rude collision. 

Governor Carteret met with no opposition from the settlers at 
his return to the province; there was even an appearance of satis"-" 
faction. He published his commission at Bergen on the 6th of 
November, 1674, in the presence of his Council, and Commis- 
sioners from most of the towns, and thus resumed the reins of 
authority which he had been compelled for a time, to relinquish. 

At an early period a General Assembly of the province was 
summoned, and the session began on the 5th of November, 1675. 
Eight members of Council including the Governor, were present, 
and fourteen Representatives appeared from the towns. The 
members of both bodies took the oath of allegiance to the King 



'■'drnnts :>nil Concessions, p. 55. 



RESTORATION OF ENGLISH AI'TIIOUITY. 103 

and fidelity to the Lord Proprietor, except that the oath was re- 
fused by one of the Representatives from Shrewsbury. He was 
dismissed. 

Laws were enacted at this session for the defence of the pro- 
vince, against "any enemies or dangers that may accrue," by pro- 
viding for the establishment and arming of military bodies, and the 
erection of places of security in the several towns. Provision was 
also made for the institution of regular courts to go under the deno- 
mination of County Courts. 17 Two of these courts were to be held 
in every year in each one of the counties, adjacent towns forming a 
county, and a rate of fees for the court officers was also established. 
Regulations were made for the assessment of taxes throughout the 
province, and a "Country Treasurer" was appointed. 18 A code 
of capital laws was also adopted, very similar in its provisions to 
that which had been passed in 1008. 

An act of amnesty concluded the proceedings of the session. 
By this last mentioned act it was prescribed, that all inhabitants 
and members of the province should be freely pardoned of all 
offences, whether capital or other, committed between the year 
1070 and the 1st of June 1073, and also that "all reviling speeches 
practices, or intents" tending in times past, to the disturbance of 
amity, should be pardoned by the Governor, and be buried in 
oblivion. 

This favorable beginning seemed to give a promise of future 
harmony and success, a promise however, which was not in the 
event entirely fulfilled. 

But before proceeding to consider the further course of affairs, 
it may be proper to notice the events which relate to the other 
portion of the province. 



" Previous to this time there had been no other courts than those established 
by particular corporations. 

18 Samuel Moore, of Woodbridge, was appointed to this office, who was to 
have nine pence per pound for his care and pains. 



CHAPTER X. 

PURCHASE BY FENWICK AND BYLLINGE. PARTITION BETWEEN FEN- 
WICK AND BYLLINGE. SETTLEMENT OF FENWICK. QUINTIPAR- 

TITE DIVISION. PROVISIONAL GOVERNMENT. PROPRIETARY GO- 
VERNMENT. 

It has been stated that on the 18th of March, 1673, Lord 
Berkely, one of the original proprietors of New Jersey, disposed 
of the whole of his right and interest in the province. The pur- 
chase was made by John Fenwick and Edward Byllinge. 1 These 
persons were members of the Society of Quakers or Friends, a 
religious people who had experienced much opposition and per- 
secution, and there is reason to believe that a principal object pro- 
posed by Fenwick and Byllinge in making their purchase, was to 
secure a place of retreat for themselves and their religious asso- 
ciates. The Society of Friends had arisen in England at a time 
when all the elements which go to the constitution of general 
society, were in motion. It Avas a period of inquiry and of action. 
In the temporal affairs of men a most searching disposition had 
been working; the origin and nature of civil and political rights 
were inquired into, and the particular circumstances by which 
these might be endangered, as well as the points at which they 
had been actually encroached upon, were carefully noted. A 
spirit not unlike to this had also been in action in those higher 
investigations which relate to the spiritual concerns of man. The 
dogma which gave infallibility to one person as the head of the 
Church had long been utterly rejected, and the decisions of 
Councils and of Kings were no longer received as the true expo- 
nents of Christian doctrine. Man, individual man, claimed the 
right to know and to judge for himself, concerning the relation in 

1 They gave the sum of one thousand pounds. 



PURCHASE BY FENWICK AND BYLLINGE. 165 

which he stood to the maker and preserver of all. The Quakers or 
Friends became somewhat distinguished for the boldness with which 
they pursued their inquiries, and for the position they assumed in 
religious concerns. They went further than others in their ques- 
tionings, and rejected almost every thing belonging to the "acci- 
dents or circumstances" of religion. They were resolved to stop 
at no shadow, but to reach to the substance. But this independence 
of thought and of action caused these persons to become objects 
of suspicion to those who were incapable of comprehending their 
singleness of purpose. The earthly themselves, formed no con- 
ception of the spiritual, except as mingled with the earthly. They 
were unable to comprehend an aim that was far above every 
thing connected with mere worldly advantage or aggrandizement. 
Hence, at the restoration of Monarchy, the Quakers were classed 
amongst those who were supposed to hold sentiments inimical to 
the peace and safety of the State, and were visited in consequence, 
with most rigorous persecution. A Royal proclamation was issued 
including them with persons known to be disturbers, and forbid- 
ding them to meet under the pretence of religious worship, 
except in the established parochial cburches. A law applying 
particularly to them was also enacted, subjecting them to the 
severest penalties, and this law was enforced in many instances, 
in a manner the most unsparing. Under such an enactment too, 
escape was impossible ; it operated not merely in the case of overt 
acts, but was directed against a name, and a mere negative offence. 
All Quakers who should refuse to take the oaths of allegiance 
were subject, and were subjected, to the penalties set forth, and this 
too, though it was constantly asserted by the sufferers, that their 
refusal to take the oath proceeded from no want of attachment to 
the State, but from a regard to the high injunction "swear not at 
all." Besides the proceedings against the Quakers on the charge 
of disaffection to the State, they were visited also in the name of 
the Church. At the restoration, Charles had issued a specious 
declaration giving a promise of liberty of conscience to his people, 
but he was wanting either in disposition, or in power, to fulfil his 
engagement. The English Church had rejected the authority of 
Rome and asserted the right to freedom of thought, but it resolved 
that this right should only be enjoyed within its own particular 



106 PARTITION BETWEEN FEN WICK AND BYLLINGE. 

bounds. It assumed that the true point had been reached, and 
that all who should advance beyond this limit, were to be regarded 
and treated as offenders. The Quakers were summoned to the 
ecclesiastical courts, and prosecuted and condemned upon various 
pretences ; many were buried in prisons, and suffered the loss of 
their estates, and even of their lives. It is not wonderful, under 
these circumstances, that the members of this society should have 
been desirous to discover and secure a place of retreat. In sup- 
port of their testimonies they shrank not from suffering, and a few 
it may be, with questionable zeal, were even disposed to invite it. 
But the soberer views of the body led to the belief, that suffering in 
itself, was not to be esteemed as a merit, and that to avoid it, 
without a compromise of their principles and faith, was not to be 
condemned as a fault. And a place of escape presented. New 
Jersey had been in the hands of persons who had been possessed 
of ample authority, and had established a tolerant government. 
These persons had been disappointed in the expected pecuniary 
return, but a pecuniary return from the labor of others, was not 
the object which the Friends proposed, but rather security and 
peace for themselves. Hence the offer of Lord Berkely to dis- 
pose of his interest in the province was readily met and accepted. 

The conveyance from Berkely was made to John Fenwick, in 
trust, for Edward Byllinge. Some difficulty was afterwards ex- 
perienced in determining the respective interests of these parties 
in the property they had purchased. The particular nature or 
cause of the embarrassment, is rather surmised than known, but 
it was necessary to effect a settlement. For this purpose the 
intervention of William Penn was requested ; his talents in busi- 
ness and elevated character and standing, both within the limits 
of his own society, and also in the world, pointed him out as a 
proper arbitrator. His award was acceded to. It gave one-tenth 
part of the province, with a considerable sum of money, to 
Fenwick, and the remainder of the territory was adjudged to be 
the property of Byllinge. 

No long time had elapsed before a new difficulty arose. Byl- 
linge was a merchant, and was overtaken by a change of fortune, 
in consequence of which he was obliged to make a conveyance 
of his rights and interests in the province, for the use and benefit 



SETTLEMENT OF FENWICK. 167 

of others. The property in the province, having been acquired, 
at least in part, with a view to the advantage it might afford to 
persons of his own profession, it Avas a proper desire that it 
should yet be held, so that the contemplated benefit might still 
be secured. It was therefore assigned to three of his fellow 
members in religious society, William Penn, Gawen Lawrie, 
and Nicholas Lucas. On the 10th of February, 1674, Fen- 
wick and his constituent Byllinge, assigned nine undivided tenth 
parts of the province to the three persons just mentioned, to be 
held by them, in trust, for the benefit of the creditors of Byllinge. 
The remaining tenth part of the province continued in the hands of 
Fenwick. But not long afterwards, circumstances occurred by which 
this portion also, was placed, in a legal sense, under other control. 

At an early period measures were taken by Fenwick to effect 
a settlement of the province ; lands were sold to several individuals 
who proposed to adventure to the country, and this was also the 
design of Fenwick himself. But before his departure from 
England he procured a sum of money from two individuals, John 
Eldridge and Edmund Warner, and to secure the repayment of 
this, and some other sums, he executed to Eldridge and Warner a 
lease upon his portion of tire province for one thousand years, 
with a condition allowing them to sell so much of the land as 
would reimburse them the amount of their claim. A lease with a 
discretionary power to sell, effectually placed the control of the 
whole in the hands of the lessees, subject only to a contingent claim, 
remaining with Fenwick. 

Notwithstanding this conveyance, Fenwick considered himself 
as still possessing such rights in the province as would warrant 
his entering at once, and using, for his own particular benefit. 
Accordingly, he departed from London for the province, in com- 
pany with a number of settlers; they arrived in June, 1675, and 
landed not far from the Delaware, at a place they called Salem. 
Here a permanent settlement was made. Soon after his arrival, 
Fenwick entered into treaty with the natives, and purchased from 
them an extensive portion of country. 2 He proceeded to divide 

2 He purchased all the lands included in the present counties of Salem and 
Cumberland. See Johnson's Salon for particulars in relation to these purchases. 



168 SETTLEMENT OF FENWICK. 

the lands and make grants to the several settlers, and claimed 
authority in the province, as Chief Proprietor. But at an early- 
period opposition was experienced, and that from a quarter which 
could have been but little suspected. 

It has already been stated that the Duke of York had given a 
commission to Edmund Andross, in which New Jersey was in- 
cluded. But besides the acts and assurances of the Duke himself, 
Andross had published a proclamation promising that all former 
grants, privileges or concessions heretofore granted, and all estates 
legally possessed by any under his Royal Highness, before the 
late Dutch government, should be confirmed. This seemed to be 
sufficient acknowledgement of the rights and claims of the Proprie- 
tors of New Jersey, and of those who held under them. But these 
declarations were soon to be contradicted by positive acts. 

Very soon after his coming to the country Andross gave a com- 
mission to Captain Edmund Cantwell to take command at New 
Castle, and to superintend the collection of the customs at Hoarkill. 
Upon the advent of the settlers at Salem, information of the fact was 
transmitted from Cantwell to his superior at New York. A council 
was directly held, and it was resolved that Fenwick having no 
order (" which if he had ought to have been first brought here and 
recorded,") should not be received as owner or proprietor of 
any land, and that as to any privilege or freedom of cus- 
toms, or trading on the East Shore (of the Delaware,) none be 
allowed in any case "to the smallest vessel, boat, or person." 
This order was given December 5th, 1675. 3 At a subsequent 
period (November 8th, 1676,) a communication was transmitted 
from Andross, to the Commander at New Castle concerning 
"John Fenwick's actings on the east side of Delaware River," in 
granting patents for land, and refusing to obey a warrant from the 
Commander and Court at New Castle, and a direction was given 
that Fenwick should be arrested and sent to New York. The 
attempt to execute this order was not quietly acquiesed in. Fen- 
wick closed his house against the officers, and declared that he 
did not know that the Governor of New York had any concern 
with him, and that he was resolved not to leave his house unless 

3 New Castle Records, cited by Johnson. 



SETTLEMENT OF FENWICK. 169 

he should be carried away by force. But force was soon resorted 
to; on'the 8th of December, 1676, a special meeting of the Com- 
mander and Justices was held at New Castle to take order for 
" the apprehending of Major Fenwick," ' and a warrant was issued 
to Lieutenant Johannes De Haes, Michael Baron, and George 
Moore, under Sheriff, to levy twelve soldiers and to repair to 
Salem and make the arrest of Fenwick, and authority was given 
to use any degree of force that might be found necessary for the 
purpose. The order was executed; Fenwick was taken to New 
Castle and afterwards sent to New York. 5 Upon his arrival at 
that place, he produced to Governor Andross the King's letters 
patent, the Duke's grant to Lord John Berkely and Sir George 
Carteret, and the Lord Berkely's deed to himself, whereupon, as 
he himself states, he was released and allowed liberty to return 
without obligation. This release however was made with a con- 
dition that he should return on or before the 6th of October fol- 
lowing, which accordingly he did, and was afterwards detained 
and kept as a prisoner by order from the Collector of.Assizes, and 
was finally liberated, (according to the statements of Andross and 
his officers,) upon his parole not to assume any authority on the 
east side of Delaware River, until further warrant should be given. 

During this time measures had been progressing for the more 
general settlement of the province. The assignees of Byllinge had 
proceeded in the exercise of their trust ; many of the creditors of 
Bvllinge aqcepted lands in satisfaction of their claims, and other 
individuals purchased directly. 

A form of government for the province was also projected and 
prepared, an instrument which will presently be noticed, at length. 
To facilitate the settlement and government of jhe country, it was 
deemed important that a division should be effected with Sir 
George Carteret, the proprietor of the other part. This was the 
business of the original proprietors, such a settlement being 
implied in their agreement with purchasers. -It was supposed 



4 Fenwick had formerly been a military officer; 
5 A circumstantial account of these proceedings is to be found among the 
New Castle Records. But every thing of importance is given by Jolinson in 
the proceedings of the Historical Society of New Jersey, vol. 11. 
23 



170 QUINTIPAUTITE DIVISION. 

that this division could be more readily and properly accomplished 
by placing the whole of llie portion that had been purchased from 
Lord Berkely, in the hands of the assignees of Byllinge, they 
already having the control of nine, in ten parts. For this purpose 
Eldridge and Warner, the lessees of Fenwick, who had control 
of the remaining tenth, conveyed that portion (reserving only the 
rights of original purchasers from Fenwick) to Penn, Lawrie, and 
Lucas, and in consequence, these latter persons were put in a 
situation to make a general partition with Carteret. 

The division of territory thai had been mad;' by the line laid 
down in the second grant from the Duke of York, was not now 
insisted upon. It gave an important advantage to Carteret, a fact 
however, that may not have been known to him, or to the Duke, 
at that time. Whether so or not, a desire Avas expressed by the 
Duke that the question of boundary should be opened anew, and 
an opportunity be given for the concurrence of the several parties 
that were now concerned, a course to which Carteret acceded. 6 

In pursuance of this design, a new boundary was agreed to, and 
the agreement was ratified and confirmed by an instrument which 
was called "An Indenture Quintipartite," taking its name from 
the number of persons engaged therein. These individuals were 
Sir George Carteret of the one part, and William Penn, Gawen 
Lawrie, Nicholas Lucas, and Edward Byllinge, (the last having 
only an equitable interest,) on the other part. By the "deed 
quintipartite" which was dated July 1st, 1676, the line of division 
was made to extend across the province, from Little Egg Harbor, 
to a point on the Delaware River in forty-one degrees of north 
latitude. 

To the divisions separated by this line, the names of East and 
West New Jersey respectively^ were applied, and this distinction 
continued to be recognized, until the charters of both were sur- 
rendered, and the two portions included together under a Royal 
government. 

After the division above mentioned had been effected, Byl- 
linge and his trustees reconveyed the share that had belonged to 
Fenwick, giving it to Eldridge and Warner in fee, and they were 

6 Whitehead, p. 67. 



PROVISIONAL GOVERNMENT. 171 

thus admitted into the number of proprietors. 7 The proceedings 
of his lessees were complained of by Fenwick, and he afterwards 
directly accused them, as well as Penn and his associates, of 
having concerted a plan to deprive him of his property and rights. 8 
This charge can hardly be sustained, yet it must be confessed that 
the appearances were such as to expose the parties to unfavorable 
imputations. Eldridge and Warner undoubtedly obtained an ad- 
vantage which however, they may never have designed to use, 
and may not have used, to the injury of Fenwick. 9 

Asjan expedient for conducting the business of the province 
previous to the establishment of the projected government, provi- 
sional authority was given to three individuals, who were to act 
on behalf of the proprietors. Two of these .persons, Richard 
Hartshorne, and Richard Guy, were residents in East Jersey, 
and the other, James Wasse, was sent specially from England. 
They were commissioned on the 18th of August, 1676, by 
Byllinge and his trustees, in conjunction with Eldridge and War- 
ner, w Full authority waj given to them to* act for their con- 
stituents, according to certain instructions.. They were first to 
endeavour to remove the difficulties arising from the presence and 
the claims of Fenwick." They were to.get a meeting with him 
and his people, show the deed of partition with Carteret, and ex- 
plain the proceedings that had taken place between the assignees 
of Byllinge, and Eldridge and Warner, and make a proposal for a 
general concurrence, so that the lands that had been purchased, 
might be divided according to the original agreement between 



7 Mickle's Reminescences, p. 30. 

8 See Fenwick's Remonstrance, and Declaration in Johnson's Salem, p. 3,S. 

n The acts of Eldridge and Warner are hardly accounted for by the ostensi- 
ble reason; the re-conveyance to them, in fee, completely cut off the reversiona- 
ry claim of Fenwick; but on the other hand the proceedings of Fenwick in 
entering the territory and selling lands as his own, after his conveyance, is not 
easily explained. The intentions of all these parties were probably just, but 
their business transactions became strangely confused. There, must have been 
an equitable intent in their agreemen tthat is not apparent in its general aspect. 
10 Smith's New Jersey, p. 83. 

"At this time Fenwick was still in the province, the order of Governor An- 
dross for his arrest, not being given for some months afterwards. 



172 PROPRIETARY GOVERNMENT. 

Fenwick and Byllinge. But if the proffer of amity should not be 
accepted, then the true situation of Fenwick might lie made known; 
the country might be informed that he had no power whatever 
over the persons or estates of any, having no authority to act, 
without the consent of Eldridge and Warner. 

The Commissioners were authorized to purchase and take up 
lauds, ninety parts for the use of William Penn, Gawen Lawrie, 
and Nicholas Lucas, and ten parts for John Eldridge and Edmund 
Warner.'' 

The efforts made by the Commissioners to effect an adjustment 
with the settlers at Salem, Avere not successful ; Fenwick con- 
tinued to assert his rights as proprietor, both in regard to property 
and government. The declaration which the Commissioners were 
authorized to make was therefore published in the province, and an 
attempt was made to survey the lands that had been previously pur- 
chased; Richard Hancock, who had been previously engaged in 
this service under the direction of Fenwick, being now em- 
ployed by the* Commissioners. 1 But the authority of these Com- 
missioners was stfon superseded by the introduction and establish- 
ment of the Proprietary' government. 

The power to institute government was one of the proprietary 
rights which was supposed to be equally disposable as property 
in land, and it had thus been conveyed to the present possessors 
• of West New Jersey. Whatever objections might be made to the 
mode of transmission,jione can be brought against -the views or 
designs of the holders .in regard to its use. The exercise of 
government indeed, had been a principal aim, but they had 
desired it, as means of security, and not of injustice ; it had 
been sought for the purpose of shielding themselves and others, 
from oppression and wrong. It was not to be used as an 
instrument for their own elevation, but, as they declared, that 
they might " lay a foundation for after ages, to understand their 
liberty as men and as christians, that they may not be brought 
into bondage but by their own consent." The original scheme 

»» This w;is the proportion originally agreed upon between Fenwick and 
Byllinge. Nine parts to the latter, and one to the former. 
13 Johnson's Salem, p. 39. 



PROPRIETARY GOVERNMENT. 173 

■was devised by Perm and his immediate co-adjutors, but it was 
afterwards submitted to others as they became concerned in the 
province, and received their approval and sanction. It was first 
promulgated on the 3d of March, 1676. It was called "The 
Concessions and Agreements of the Proprietors, Freeholders, and 
Inhabitants of the Province 'of West New Jersey, in America." 

The concessions may be considered under two separate aspects; 

',r - first, those general fundamental principles or conditions which 

formed the basis of government, and marked out its sphere, and 

secondly, those particular provisions by which the government 

itself was established, and its operations directed. 

It was declared that the fundamental rights and privileges 

granted in the inslniinent, were to be regarded, and to'Cohtimie, 

.'^ as the foundation of government; that they - were fixed and 

unalterable, not to be revoked or changed at any time by 

the' 'legislative authority, and that any person or persons who 

/•should- -ttesignedly and wilfully excite a Legislative Assembly to 

.- . " any thing subversive of these fundamentals, should, if it be suffi- 

*c"iently proven -against him, be^proceeded against, as a traitor to 

the government^ These "fundamentals" were to be read at the 

' . . beginning and dissolving .of .each General Assembly, and were 

also to be read "in a solemn manner," four times in a year in 

every hall of justice within the province. 

It was laid down in these fundamental conditions, that no man 
or number of men upon earth hath power or .authority to rule 
over men's consciences in religious matters, and that no person 
or persons within the province, should be in any wise, or on any 
pretence, called in question or punished in his person, estate, or 
privilege, on account of his opinion, judgment, faith, or worship 
toward God in matters of religion. 

That no proprietor, freeholder, or inhabitant of the province 
should be deprived or condemned of life, limb, liberty', or estate, 
or hurt in his privileges, freedoms, or franchises, without due trial 
and judgment passed by twelve good and lawful men of his 
neighbourhood. 

That no person should be arrested or imprisoned (except in 
criminal and treasonable cases,) until personal summons setting 
forth the cause, should have been given, and sufficient time allowed 



174 PROPRIETARY GOVERNMENT. 

to make answer, and after trial, if any person condemned to im- 
prisonment should solemnly declare and aver that he hath not 
any further goods or estate, and should bring three other persons 
"of honest reputation," who should declare in open court, that 
they believed the person condemned to have nothing wherewith 
to pay, he should be discharged from imprisonment. 

That in all public courts of justice for the trial of causes, civil 
and criminal, all the inhabitants of the province might freely come 
into, and attend courts, and hear and be present, "that justice may 
not be done in a corner, nor in any covert manner, being intended 
and resolved, .by the help of the Lord, and by these concessions 
and fundamentals, that all and every person and persons inhabit- 
ing this province, shall, as far as in us lies, be free from oppres- 
sion and slavery." 

The principles set forth in those declarations and provisions, 
were of the utmost importance; and. their promulgation as funda- 
mental conditions manifested a high and just sense of the value 
of civil and religious liberty 4 anjjl* true wisdom in securing it to 
every individual'. ■ • 

The. executive authority of the government as established by 
the.concessions, «vas to be lodged in the hands of Commissioners. 
These were to be appointed at first by the proprietors or a major 
part of them. They were to have power for the time, to purchase 
and direct the division of all lands heretofore purchased, or. that 
should be hereafter purchased, according to the terms, and in the 
manner prescribed. The territories were to be divided into one 
hundred parts, or proprieties, and these subdivided into tenths, 
each one containing ten proprieties. 

But upon further settlement of the province the Commissioners 
were to be chosen by the resident proprietors, freeholders, and 
inhabitants; they were to assemble on the 25th of March, 1680, 
and upon the same day of each year afterwards, at some public 
place, and elect by ballot, ten "honest and able men lit for govern- 
ment," who were to officiate as Commissioners for the year 
ensuing, and until others should be elected and appointed. The 
Commissioners so chosen were empowered to govern and order 
the affairs of the province according to the concessions, until a 
General Assembly should be chosen; after that time, the choice 



PROPRIETARY GOVERNMENT. 175 

and appointment of Commissioners devolved upon the General 
Assembly, but the number should continue the same. 

The Commissioners were to superintend the execution of the 
laws, to see that the officers of the several courts established by- 
law, performed their respective duties, and in case of delinquency, 
or an abuse of power, they might displace or punish the offender, 
as the nature of the offence might require. They might suspend 
the execution of any sentence passed by the courts, until the next 
meeting of the General Assembly. 14 They were to see that all 
lands that had been surveyed, and held and possessed for seven 
years, should not be subject to any re-survey, or alterations of 
bounds. They were to do all other things that might conduce to the 
safety, peace and well government of the province. But they were 
not to impose or suffer to be imposed, any tax, custom, subsidy, 
tallage, or assessment, upon any colour or pretence, other than such 
as should be imposed by the authority and consent of the General 
Assembly. 

The legislative authority of the province was extremely simple 
in its constitution. So soon as the contemplated divisions in the 
province should be made, the proprietors, freeholders and inhabi- 
tants in each, were to meet on the 1st day of October in each and 
every year, and choose one proprietor or freeholder for each re-. 
spective propriety in the province, the whole number of proprie- 
ties being one hundred, which body of deputies consisting of one 
hundred persons so chosen, should constitute the supreme Assem- 
bly, for one year. They were to meet in one house, were em-" 
powered to appoint their own times of meetings -and adjournments 
from time to time, within the year, as they might think fit. They 
might determine the number of their own quorum, so that it be 
not less than one-half of the whole number. The votes of two- 
thirds of the members, either of the quorum or of the same pro- 
portion, if a larger number than a quorum were present, were to 
determine in all cases coming before the body. 

The Assembly had power to enact all laws necessary to the 
well government of the province, provided that such enactments 



"To power of final power was lodged in the General Assembly. 



17G PROPRIETARY GOVERNMENT. 

should bo, as near as might be, agreeable to the laws and customs 
of England. To order and prescribe as to the establishmenfof 
the several proprietary divisions, and to give names to each. To 
lay equal taxes and assessments, and to raise monies upon all 
lands or persons within the province for the support of govern- 
ment, apportioning the amount among the several divisions, in 
such a manner as should seem equal and just. It was also the 
province of fhe Assembly to constitute all courts, to prescribe the 
powers and jurisdictions of the same, as also the several officers 
belonging to each court, and their term of office, (which term how- 
ever should not exceed one year, or two at the most,) with the 
salaries, fees and perquisites attached to each. But it Avas pre- 
scribed that in the courts, all civil and criminal causes should be 
decided by the verdict of twelve men of the neighbourhood, and 
that in every court, there should be three Justices or Commis- 
sioners who should sit with the twelve men of the neighbourhood, 
to assist them in point of law, but that the Justices should pro- 
nounce such judgement as they should receive from the said twelve 
men, in whom only it was said "the judgement resides." No 
person should - : be compelled to fee any attorney or counsellor to 
plead his cause, but every one should be at liberty to plead his 

. own cause, if he should choose. 

Chief Justices, embassadors, and all commissioners of the 

.public seals •.and treasury, were to be chosen by the Assembly, 
but justices .and constables, by the people. 

* But the Legislature was liable to several restrictions ; .beside the 
restraints that were contained in the fundamental conditions, there 
were others*, to be applied to the several members. The electors 
were to give to their respective deputies or trustee's, their instructions 
at large setting forth their grievances or wishes, and the deputies 
were to enter into a covenant under hand and seal, to engage to do 
nothing but what should tend to the service and behoof of the peo- 
ple, and in case of a breach of the covenant, the members might be 
questioned in that or the next Assembly, by any of the electors. 
The compensation of the deputies was not to be determined by 
themselves when met in Assembly, but was prescribed in advance. 
Each one was to be allowed one shilling per day during the time 
of sitting, that thereby, it was said " he might be known as a ser- 



PROPRIETARY GOVERNMENT. 177 

vant of the people;" and this allowance of one shilling per day- 
was to be paid to each member by the proprietary division that 
had elected him. 

Besides these general provisions, there were others, directing 
the course of proceeding in particular cases. One of these applied 
to the manner of freeing the lands from the Indian claims. When 
any land was to be taken up, before it should be surveyed, the 
Commissioners, or a major part of them were to appoint persons 
to visit the natives, acquaint them with the design and agree upon 
some compensation, and this agreement was to be taken in writing 
under their hands or seals, or in some other public manner. But 
no person should take up lands but by order from the Commis- 
sioners. It was also provided that in case any injury should be 
done to the natives in their persons or property, the Commis- 
sioners should take care that justice should be done, and plenary 
satisfaction be given, according to the nature of the case ; and in 
all trials wherein the natives were concerned, the trial should be 
by six of the inhabitants and the same number of natives. Very 
full regulations were made in relation to registering deeds and 
other conveyances. 

The purchasers of land were to pay one penny and a half an 
acre, to the Proprietors for what should be laid out in towns, and 
one penny the acre for what should be laid out elsewhere. 

To these "concessions and agreements," one hundred and fifty- 
one names were subscribed. 

In many respects the system of government just noticed is en- 
titled to special attention. It was the first commencement of 
Quaker legislation, and may be truly considered as exhibiting 
something of the character and temper of the people from whom 
it proceeded. The most searching and critical inquirer cannot 
but confess, that with some defects, it yet possessed in its general 
features much that all must approve and commend. It was marked 
by the greatest liberality. The framers, as a proprietary body, 
retained no authority for themselves. "We put the power in the 
people," they said, and such was truly the case. No authority 
was to exist except such as was established by popular action 
and even this authority was to be cautiously given. No further 
restraints were imposed or allowed than were necessary for the 
23 



178 PROPRIETARY GOVERNMENT. 

maintainance of order, and it may be, that at some points the 
boundary of government was so far extended, or lowered, as 
almost to jeopardize its safety. But the situation of the framers at 
the time rendered them more alive to the evils of oppression, than 
to the dangers of disorder. The great division of the executive 
power has been made a ground of objection; it has been imagined 
that a body composed of so large a number of members, and hold- 
ing office for so short a period, would be incapable of harmonious 
and vigorous action. 15 In a general view, such an opinion may be 
perfectly just. But it may yet be considered that in this particu- 
lar case, the duties assigned to the executive body were not such 
as were calculated to create disunion, or to call for much prompti- 
tude or energy in action. 

In the constitution of the legislative authority, the popular princi- 
ple was carried to as great an extent as was possible under a 
government of the representative form. Perhaps it was carried 
to a greater extent than, under ordinary circumstances, would be 
considered necessary, or even advisable, but the experience of the 
projectors had impressed upon them the importance of making the 
fullest provision against an excess or abuse of power. 

The provisions in relation to the judicial department were pro- 
bably most liable to question ; the term allowed for a continuance 
in office was scarcely sufficient to admit of a perfect acquaintance 
with the duties to be performed; with inexperienced judges, with 
juries authorized to determine the law as well as the facts, and 
without a permanent bar, the administration of justice could hardly 
be steadily and firmly conducted. 

But notwithstanding the imperfections which it certainly con- 
tained, this instrument of government was in advance of any 
existing at the time; and in fact, in many particulars, was equal to 
any that has ever been framed. If somewhat lacking in vigor, it 
gave the fullest security to freedom; it gave free room and scope 
for individual effort and action, and the mind of man was com- 
pletely enfranchised. The person of every citizen was made safe 
and property was placed entirely beyond the reach of arbitrary 
exaction. 



Gordon's New Jersey, p. 37. 



PROPRIETARY GOVERNMENT. 179 

The differences between the West Jersey government and that 
existing at the same time in the eastern portion of the province, 
were important and obvious. In the latter the executive authority 
was entirely independent of the people. The legislative authority 
was also independent in part; the Governor and Council formed 
a part of the General Assembly, and being a distinct house had 
equal power with the popular branch. The Governor and Council 
had also the important authority of convening and proroguing 
the General Assembly; they had power also for the establishment of 
certain courts, and for the appointment of officers. In these, and 
other particulars, the government of East New Jersey was strongly 
distinguished from that of the western province. But the two cases 
were also different. The government of the eastern portion had 
emanated from individuals who were among the rulers of the 
English realm, and their work could hardly be expected fully to 
reflect the popular feeling, and especially that feeling which an 
experience of actual oppression, had excited. Beside this, the 
discontents and disturbances that had occurred in the province 
had led to a change in the government, and the introduction of 
more rigid conditions than had at first been imposed. Probably 
the government of the eastern portion would not have been ac- 
cepted in the western, and it is equally probable, that the plan of 
the latter, would have been found, at the time, not suited to the 
former. 



CHAPTER XI. 



PROCEEDINGS IN WEST NEW JERSEY. 

In accordance with the design of the concessions, Commission- 
ers were appointed by the proprietors to take charge of affairs in 
the province, and direct the proceedings preparatory to the settlement 
of the country, and the introduction of the projected government. 1 
In the year 1677^ they departed for the province. They were ac- 
companied by a large number of settlers, most of them being mem- 
bers of the Society of Friends. The company arrived at New 
Castle on the 16th of August, and soon afterwards landed at the 
mouth of the Narriticon or Raccoon Creek, at a place where a few 
Swedes had settled and erected some dwellings. 2 The Commis- 
sioners themselves, had landed at another point, being desirous to 
visit New York and wait on Governor Andross. This visit was 
probably intended as a measure of policy in view of the violence 
which had been committed by Andross in the seizure and deten- 
tion of Fenwick. 3 It could have been no part of the design of the 
Commissioners to make any concession acknowledging the claim 
of Andross to authority in New Jersey; but they may have sup- 
posed that a frank explanation of their objects might conciliate the 
Governor, and ward off difficulty in future, and they were willing 
to pay respect to the Duke's commission. 4 But it soon became ap- 
parent that something more than "respect" was demanded. So 
soon as the Commissioners had presented themselves and made 



1 There were nine commissioners now appointed — Thomas Olive, Robert Stacy, 
Benjamin Scott, Daniel Wills, John Kinsey, John Penford, Richard Guy, Jo- 
seph Helmsley, and Thomas Foulke. 

- This was one of the ancient Swedish settlements on the Delaware, it was 
near the site of the present town of Swedesborough. 

3 At this time Fenwick was detained as a prisoner in New York. 
1 Smith's New Jersey. 



PROCEEDINGS IN WEST NEW JERSEY. 181 

known their intentions to Andross, he demanded, whether they had 
any warrant from the Duke of York in relation to the proposed at- 
tempt. They had none to produce ; but they replied to the demand 
by setting forth at length the claims of the proprietors, showing that 
a conveyance had been made to them by Lord Berkely, one of 
the grantees of the Duke, and that this conveyance was believed 
to be sufficient and full, both in respect to property and authority 
in the province. But all this was little regarded by Andross. 
He insisted that his commission extended over the whole of the 
country, and declared that should he surrender it, without an order 
from his master, it would be at his peril, though he expressed a 
willingness to yield it up, without further delay, if they could 
show but "a line or two from the Duke." 

The Commissioners attempted a remonstrance, but they were 
presently silenced by Andross, who pointed with some significance 
to his sword. In this manner an intimation was given of the 
Governor's determination to maintain the authority he claimed, 
and to do this, should it be necessary, by deeds, as well as by 
words. Further remonstrance or resistance seemed useless. But 
Andross finally proposed in order to enable the Commissioners to 
proceed in their purpose, that they should take a warrant from 
him, until a further agreement should be made. This proposal 
was at length accepted, the Commissioners preferring to proceed 
under such authority, rather than to incur the hazard of being 
wholly frustrated in their plans. 3 These proceedings, together 
with the measures that had been previously taken in reference to 
Fenwick, were entirely sufficient to explain the intentions of the 
Duke of York in granting a commission to Andross within the 
bounds of New Jersey. It was clear, that notwithstanding the 
grants he had made, he was resolved to claim and to exercise au- 
thority, and the instrument he had chosen, was entirely disposed 
to second his wishes and designs. 

Directly after the occurrences above mentioned, the Commis- 
sioners joined the body of settlers and proceeded in the discharge 
of the duties of their trust. They purchased from the natives three 



• It is stated that they took Magistrates' Commissions from Andross. 

Smith's New Jersey, p. 93. 



182 PROCEEDINGS IN WEST NEW JERSEY. 

several portions of lands upon the Delaware, the whole reach- 
ing from the Assunpink on the north, to Oklman's Creek on the 
south; at the latter boundary they were brought to the borders 
of the territory that had already been purchased by Fenwick. 6 

At an early period the West Jersey Proprietors had entered into 
a contract or agreement with five individuals of the county of York, 
in England. In pursuance of this agreement, an article was in- 
serted in the proprietary concessions, directing, that the Commis- 
sioners should grant unto the persons in question, or their lawful 
representatives, the privilege of choosing any one of the tenth 
parts or shares that should first be laid out. These persons or 
their representatives, were also to have privileges for building a 
town, and were to be allowed the liberty of choosing their own 
magistrates and officers, for executing the laws according to the 
concessions, within the said town. 

At a subsequent period, a company of persons in London pur- 
chased a patent for another tenth or share. Among the individuals 
who were now in the province were persons authorized to act on 
behalf of these companies, and selections of lands were accord- 
ingly made. The representatives of the Yorkshire interest, 
Helmesly, Emley and Stacy, made choice of the land extending 
from the Rankokus to the Falls of DelaAvare, and this portion 
was accordingly assigned to them by the Commissioners as the 
first tenth. The agents of the London Company, Penford, Olive, 
Wills and Scott, chose a portion of territory lower down the 
Delaware, in the vicinity of Arwamus and Timber Creek; but final- 
ly an agreement was entered into by these two companies for a near- 
er union. They agreed to act together in settling a town, and a place 
was selected for the purpose, to which the name Beverly was 
given, which afterwards was changed to Bridlington, and finally to 
Burlington, which last it still continues to bear. In consequence 
of this agreement, the London settlers took lands nearer to the 
place of the principal settlement. Two tenths were thus appro- 
priated and entered upon, and the number of settlers therein was 



c For the particulars in relation to the several purchases from the natives at 
this time, sec Smith's New Jersey, p. 95, and Micklc's Reminiscences, p. 33. 



PROCEEDINGS IN WEST NEW JERSEY. 183 

soon increased by the coming of several companies from England. 7 
The general ordering of all affairs in the province was in the 
hands of the Commissioners ; they were authorized to lay out the 
lands included in the different tenths, into ten proprieties and to 
allot them to particular purchasers. 

They were to appoint a Surveyor (in case no such appointment 
had been made by the Proprietors,) and in like manner a Register 
or Recorder, and were authorized to determine the rates and fees 
of these officers for their respective services. Particular regulations 
were given in the concessions as to the mode of apportioning lands. 
The quantity was determined by the period of the applicants 
arrival, advantages being allowed to early applicants, and also 
according to the number, age, and condition of the persons that 
were brought to the province. 

No authority was given to the Commissioners for making new 
regulations or laws, they were strictly to pursue the course laid 
down in the concessions. The special privileges granted to the 
Yorkshire settlers enabled them to select and appoint their own 
magistrates and officers, but these too, were to be governed in all 
affairs by the laws of the concessions. No authority was en- 
trusted to any which could in any wise conflict with the powers 
that were to be exercised by the General Assembly of the province. 8 
The powers and duties assigned to the several officers, were 
simply of an administrative character. By the settlers in the first 
and second tenths, the prescribed conditions appear to have been 
fully observed. But such was not entirely the case among the 
people at Salem. In 1678, Fenwick, having been liberated from 
confinement in New York, returned to the province and again 
assumed the principal control. He proceeded to make choice of 
officers for his colony ; appointing Samuel Hedge, Surveyor 
General; James Nevill, Secretary, and Samuel Winder, Register, 
and declared that he would nominate and appoint other officers at 
his leisure, and demanded in his Majesty's name "the superiority, 
and the submission of the people as his right and propriety." 9 

1 Smith's New Jersey, p. 102. 
8 In East Jersey the privileges of the special charters had been insisted upon 
in opposition to the authority of the General Assembly. 

9 Cantwell's Declaration in New Castle Records. 



184 PROCEEDINGS IN WEST NEW JERSEY. 

Directly afterwards, a proclamation was issued in the name 
of "John Fenwick, Esq., Lord or Chief Proprietor of the said 
province, and in particular of Fenwick's colony within the 
same." In this all persons, Dutch, French and English, who 
had settled themselves within the limits of said colony without 
applying to, or receiving any warrant from lawful authority, 
were required to appear before Fenwick, within one month, 
and show their order or warrant for " their pretended titles." 
Nearly at the some time, a council, consisting of the officers be- 
fore mentioned, and other persons of "Fenwick's Colony," was 
held, and regulations were adopted for surveying and setting forth 
lands according to a method agreed upon, and which was supposed 
to be suited to the interests of the settlers. 10 These proceedings 
were an assumption of independent authority, and in direct oppo- 
sition to the proprietary concessions. 

It does not appear, however, that any attempt was made by the 
Commissioners at that time, to extend their authority within the 
limits of the territory that was claimed by Fenwick, or to interfere 
in any way with his doings. A wise forbearance was exercised. 

But if Fenwick escaped from all interference from those who 
had a right to inquire concerning his proceedings, he was less 
fortunate with respect to those who had no right. His resumption 
of authority upon his return to the province brought him again 
into collision with the authorities at New Castle. He had declared 
that no one who should pay the customs imposed by Governor 
Andross should be permitted to enjoy lands within his jurisdiction. 

On the 9th of May, 1G78, a communication was sent to New 
York from the justices of the court at New Castle, "concerning 
the new alterations made by Major John Fenwick," with a re- 
quest that a speedy order might be given concerning the same. 
At that time Governor Andross was absent from his province, not 
having yet returned from England whither he had gone in the 
year preceding, but his Secretary and Council, who received the 
communication from New Castle, gave orders that notice should 
be given to Major Fenwick to forbear from the exercise of any 



Johnson's Salem, p. 23. 



PROCEEDINGS IN WEST NEW JERSEY. 185 

authority on Delaware River, according to his parole which (it 
was said,) had been formerly given, and that should he persist, he 
was again to be seized and sent to New York. The "notice" 
was transmitted to Fenwick, but he replied that he was bound to 
give an account of his government to no one but the King of 
England, and that he only desired to enjoy that which was his just 
and undoubted right. 

A still more urgent direction to the same effect as the former 
was soon afterwards transmitted from the Council at New York, 
to which an answer was returned on the 24th of July, 1678, in- 
forming the Council, that Fenwick had already been taken to New 
Castle, and that the authorities there were only awaiting a fit op- 
portunity to send him to New York. 11 Thus another outrage was 
committed within the limits of New Jersey, by direction of the 
officers acting under the commission of the Duke of York. 

Further difficulties from the same source were soon to arise. 
The population of AVest Jersey was now rapidly increasing by 
the frequent arrival of new companies of settlers. All these com- 
panies coming by the Delaware, were subjected at their first 
arrival to a demand for customs upon all imported goods, which 
customs the authorities at New York had ordered to be collected 
at Hoarkill; all exports were also liable to the same demand. 

As has been stated, the customs in question were first imposed 
by Governor Lovelace, but they were continued with some slight 
alteration by Andross, and under his direction the payment had 
been rigidly enforced; no exemption was permitted "to the 
smallest vessel, boat or person." This demand' was so entirely 
in opposition to those immunities which the people of this province 
had expected to enjoy, and which they had a right to enjoy, that 
it could not be quietly acquiesced in. It has been seen that Fen- 
wick objected to, and opposed it, and it was the cause of dissatis- 
faction and complaint with all the settlers in the province. Instead 
of the full enjoyment of property under the protection of laws and 
institutions of their own, they were subjected to the arbitrary exac- 
tions of a government in which they had no interest or concern 
whatever. They were reduced to a merely tributary state. The 

11 New Castle Records. 
24 



186 PROCEEDINGS IN WEST NEW JERSEY. 

question involved in such a demand was of too much importance 
to the interests and liberties of the settlers to be allowed to remain 
long undecided. 

The proprietors in England made frequent and urgent represen- 
tations to the Duke of York, upon the subject, and at length, to escape 
from importunity, or from a transient regard to the demands of 
justice, the Duke was induced to appoint Commissioners to hear 
and make report in the case. The Commissioners who were ap- 
pointed for this purpose, referred the matter, with the consent, or 
by the request of the Duke, to the decision of Sir William Jones. 
The defence of the rights of the colonists was made by the pro- 
prietors, and they maintained their cause with signal ability. 12 
The case was one that admitted of some scope of argumentation, 
as it properly included the extent of the royal prerogative, as well 
as the particular exercise of power which was the subject of 
present complaint. 

The general power of regulating duties and imposts had never 
been granted to the English King, on the contrary it had been 
expressly and repeated!) ' 1. By one of the ancient statutes 
of the realm it was p scribed, that no tax or impost should be 
levied without the consent of the Lords and Commons. And in 
a later statute it was declared, that the King promises to take no 
customs from merchants without the assent of the realm, saving 
the customs on wool, skins, and leather, formerly granted. The 
continued attempts of Charles the First to take the property of his 
people without the authority and assent of Parliament, had been 
one of the principal causes that led to the loss of his throne. It had 
become a settled principle of English law that the King had no right 
of himself, within his hereditary domains, to impose any tax or cus- 
tom whatever. Hence there is no other point to be considered in 
connexion with the present case than whether this limitation upon 
the King's prerogative extended into colonies, as well as through the 
ancient portion of the British realm. Lord Holt declared that the 

12 The argument of the Proprietors was addressed "to those of the Duke's 
Commissioners whom he has ordered to hear and make report to him concern- 
ing the customs demanded in West New Jersey, in America, by his Governor 

of New YoiL" 



PROCEEDINGS IN" WEST NEW JERSEY. 187 

law of England did not extend to Virginia; "her law is what the 
King pleases. 13 But this doctrine has not heen sustained, and is in 
direct opposition to the general spirit of the English laws. The 
rights and franchises of Englishmen were not to be given or with- 
held at the discretion of the King. By his own prerogative he 
might institute government in new lands, but the government so 
established must be in accordance with the laws and customs of 
the kingdom. In the most distant places the immunities that 
belonged to English subjects might be claimed and enjoved, and 
among the most important of these immunities was an exemption 
from all taxation, except such as they should assent to. And if the 
King himself had no right to impose taxes or imposts in any part 
of his dominions, neither could any other, in virtue of a grant 
from him, come to the possession of such a right. Whatsoever 
grant the King might make, no tax could be laid but by the assent 
of the people themselves. 

If these principles be admitted, it will follow that the Duke of 
York, and of consequence his subordinates, were without any 
authority to warrant the imposition of customs, in the case in 
question. This view was clearly perceived by the proprietors 
and was strongly set forth by them in the representation they 
made. They urged that the constitution and government of 
England gave no support to the authority that was here assumed, 
it being a fundamental law that the King cannot justly take his 
subject's goods, without their consent; this, they said, need not be 
proved, it is an acknowledged principle, "'tis jus indigene, an home 
born right, declared to be law by divers statutes." And they 
represented that as Englishmen they were entitled to enjoy this 
right, not having lost any part of their liberty by leaving the 
country, and furthermore, that in the King's grant to the Duke of 
York, the power of the latter, was exp^ssly restricted, it being 
declared that the laws and ordinal! night establish, were not 

to be contrary to the laws, statutes, and ordinances of the realm 
of England. But the remonstrants dwelt with no less force upon 
another point. They not only denied to the Duke the power 
in question, inasmuch as the King had not given and could not 

13 Salkeld, p. 666. Particular statutes were not supposed to extend to the colo- 
nies, unless they were named, hut general rights were common to hoth countries. 



188 PROCEEDINGS IN WEST NEW JERSEY. 

give it to him, but they also insisted that the government of the 
province had now been surrendered into other hands. That 
the Duke for a competent sum of money paid him by Lord 
John Berkely and Sir George Carteret, granted and sold unto 
them the province of New Jersey, and that he conveyed it to 
them in as full and ample a manner, as he had himself received it 
from the King. And that Lord Berkely and Sir George Carteret 
had made certain concessions containing a model of government, 
and that many persons went there and planted, and the said 
government was established and administered with the knowledge 
of the Duke of York, and without question from any. With a 
knowledge of these facts, and also upon a presumption that neither 
Lord Berkely or Sir George Carteret would attempt any thing 
they were not properly authorized to do, the present proprietors, as 
they said, had agreed with Lord Berkely for his portion of the pro- 
vince, and that in the conveyance from him, powers of government 
were expressly granted. Without this they said, nothing could have 
induced us to purchase, "because, to all prudent men the govern- 
ment of a place is more inviting than the soil." They were not 
desirous of power, but of safety, not only for themselves, but for 
others, and that their purpose had been to assure people of an 
easy and safe government, both in respect to their spiritual and 
worldly concerns. That they had sold lands in the province to 
some hundreds of honest and industrious people who had trans- 
planted themselves to the country, and that upon their arrival they 
had been met with a demand for custom of five per cent, upon 
the goods they carried. This they declared was a great grievance, 
for which they asked redress, and redress was asked "not from a 
burden only, with respect to the way of levying it, or any cir- 
cumstances made hard by the irregularity of the officers, but as a 
wrong." For, they urged, no such tax was reserved in the Duke's 
conveyances, and it was therefore a new condition, a surprise upon 
the other party. To lose the right of making laAvs for themselves 
would be entirely to change their situation, it would be in effect 
to sell, or rather to resign themselves to another, and that for nothing. 
Besides, though by all governments custom is laid upon trade, 
this upon planting, is unprecedented. Had they brought commo- 
dities to the province to sell, made a profit out of them, and re- 



PROCEEDINGS IN WEST NEW JKIiSKY. 189 

turned to the advantage of the trader, there might be some color 
or pretence for the exaction, but to require and force customs 
from persons coming to their property, " their own terra firma, 
their habitations, in short, for coming home," was without a par- 
rallel. And furthermore, there could be no end to this, for since 
they were by this precedent assessed without any law, and there- 
by excluded from their Englisli right of common assent to taxes, 
there could be no security for any thing they possessed, nothing 
could be called their own, they were merely tenants at will, and 
not only for the soil, but for their personal estates. 

It was urged, they said, that the province was a conquered 
country, and that the King being the conqueror, hath power to 
make laws and raise money, and that this power the King hath 
vested in the Duke ; but they said the conquest indeed has been 
made, but for whom ? Did the King conquer for himself or for 
his kingdom and people, and were his subjects who should inhabit 
there, to be treated as slaves because the country had been won 
from their enemies ? " Did Alexander conquer alone, or Caesar beat 
by himself?"" 



"This part of the argument of the remonstrants, involves a point of English 
Constitutional law of no little nicety, and upon which authorities are by no 
means agreed. It has been laid down as a principle by some, that if the King 
comes to a kingdom by conquest, he may change and alter the laws of the king- 
dom, but if he comes to it by title and descent, he cannot alter the laws of him- 
self, without the consent of the Parliament. In Cowper's Beports, (page 211,) 
a case is mentioned which had been referred to Sir Philip Yorke and Sir 
Clement Wearge, upon which they reported "that if Jamaica was still to be 
considered a conquered Island, the -King had a right to levy /axes upon the in- 
habitants, but if it was to be considered in the same light as other colonies, 
no tax could be imposed on the inhabitants but by an Assembly of the island, 
or by an'«€if of Parliament. But it was also laid down that if the King by 
a proclamation or grant should enter into any engagement, conceding a 
different form of government to a conquered country, he would afterwards be 
precluded from the exercise of his peculiar prerogative. To apply these 
principles to the case under notice. If it be conceded that after the second 
subjugation of the Dutch, the country was to be considered merely as con- 
quered territory (a point however not determined) it would follow, according 
to principle just stated, that the King had a right to impose laws at his own 
pleasure, and even upon natives of England who might reside there. The King 



190 PRO< KEDl.VCS IN WEST NEW JERSEY. 

In addition to these arguments founded upon the law and the 
equity of the case, certain prudential considerations were also 
presented; the effeet which the conduct of the Duke might have 
upon the people of England, was brought into view. If the Duke 
should insist upon the demand that had been made, it might be 
considered as showing an inclination to an arbitrary exercise of 
power, but its abandonment, on the contrary, would give evidence 
of just and liberal intentions, and a desire to promote the prosperity 
of the kingdom, and the happiness and welfare of the English 
people. 

This document, prepared by a few Quakers, was one of the 
highest importance. It was important not only as a defence of 
the rights of West Jersey, but also as an assertion of principles 
which bore upon the interests of all the American colonies. 

The bold defence of the immunities of English subjects, par- 
ticularly of their right to exemption from all taxes to which they 
had not assented, may have had aided materially in fixing those 
opinions and resolutions, which finally led to American indepen- 
dence. 

After full consideration of the matters submitted to him, a deci- 
sion was given by Sir William Jones. This decision was given 
in a formal document bearing date July 28th, 1680. It set forth 
"that, having heard what hath been insisted on for his Royal 
Highness, to make good the legality of the demand of five per 
cent, from the inhabitants of New Jersey, I am not satisfied (by 
any thing I have yet heard) that the Duke i an demand that, or 
any other duty from the inhabitants of these lands. And that 
which makes the case the stronger against his Royal Highness is, 
that these inhabitants claim under a grant from his Royal High- 
then, under these circumstances, might have imposed the tax in question. But 
subsequent to the conquest from the Dutch he hail made a grant containing 
certain conditions. He had conveyed the country to the Duke of York, with 
powers of government, but the condition was annexed that the regulations and 
ordinances to be made, should not be contrary to, but as near as conveniently 
might be, agreeable to the laics, statutes, and government of the realm of 
nd. By this conveyance the general laws of the kingdom were brought 
into force in the country in question', and of consequence the people were en- 
titled to the same immunities as other subjeo s of England. 



PROCEEDINGS IN WEST NEW JERSEY. 11)1 

ness to the Lord Berkely and Sir George Carteret, in which grant 
there is no reservation of any profit, or so much as jurisdiction." 

It required a strong, just, and courageous mind to pronounce a 
judgement so directly opposed to the views and claims of the prin- 
cipal persons of the British court, but the decision was sustained, 
and was assented to by the Duke himself, and shortly afterwards he 
entirely relinquished his claim. On the 6th of August, 1680, his 
Royal Highness gave a direction to Sir John Werden,his Secretary, 
to bring in a deed of confirmation or release, in order the more for- 
mally to convey the province of West New Jersey to By] 
and the rest of the Proprietors. Accordingly, on the day above 
mentioned, a deed was executed in which a conveyance was made 
from his Royal Highness the Duke of York, to Edward Byllinge, 
William Penn, Gawen Lawrie, Nicholas Lucas, John Eldridge, 
and Edmund Warner. In this instrument the Duke transferred 
to the persons above mentioned, all the territory of the province 
of West New Jersey, "and all the estate, right, title, interest, rever- 
sion, remainder, claim and demand whatever, as well in law as in 
equity, of him the said James the Duke of York, of, into, and out 
of the same, or any part or parcel of the same." 

Yet this conveyance was made in such form as afforded a sort 
of cover to the claim which the Duke had formerly made to a right 
of jurisdiction. His pretension had been based upon the principle 
that jurisdiction and ownership in the province were not only 
separable, but had been actually separated, he retaining the former 
in his own hands. This view or pretence was maintained even 
in the execution of the present grant, for though both property and 
jurisdiction w r ere entirely resigned, they were not surrendered to 
the same individuals. The deed gave the property to the persons 
just named, but it assigned the powers of government to Edward 
Byllinge alone. It was said that "his Royal Highness doth by 
these presents, give, grant, assign, and transfer over unto the said 
Edward Byllinge, all and every such the same poivers, authorities, 
jurisdictions, governments and other matters and things what- 
ever, which by the said recited latters patent (from the King) or 
either of them, are and were granted or intended to be granted, to 
be exercised by his said Royal Highness, his heirs, assigns, 
deputies, officers, or agents, in, upon or in relation unto the said 



192 PROCEEDINGS IN WEST NEW JERSEY. 

premises hereby confirmed, or intended to be confirmed, and every 
of them, in case the same were now in the actual seizen of his 
said Royal Highness ; to be held, enjoyed, exercised and executed 
by him, the said Edward Byllinge, his heirs and assigns, and 
by his deputy officers, agents and commissioners, as fully and 
amply to all intents, constructions, and purposes as his said 
Royal Highness, or his heirs might, could, or ought to hold, enjoy, 
use, or exercise the same. 15 

Whether this special conveyance to Byllinge was made in com- 
pliance with the wishes of the Duke, in order that the grant which 
he could no longer withhold, might be made to accord in some 
measure with his former pretensions and acts, or whether Byllinge 
himself had desired and secured it as a personal advantage, can- 
not with any certainty now be determined. But Byllinge was put 
thereby in a strange position, in regard to the other proprietors, and 
the people of the province. He had been a party to the conces- 
sions in which he, with others, had granted to the people at large 
the right of choosing their officers, both legislative and executive, 
yet now, in so far as the new grant was operative, he alone be- 
come possessed of the powers of government. It was in effect 
a recal of his previous agreement or grant. This difficulty or 
inconsistency indeed, he might have wholly removed by confirm- 
ing the concessions anew. But this was not done, and in conse- 
quence, the government of West New Jersey assumed from this 
period a different form, though, as will be seen, the spirit of the 
concessions was essentially preserved. 

Before proceeding further, it may be proper to recur to East 
New Jersey, and trace the progress of events in that province. 

u Grants and Concessions, p. 418. 



CHAPTER XII. 



GOVERNMENT IN EAST NEW JERSEY RELEASE OF THE DUKE OF 

YORK GOVERNMENT AFTER THE RELEASE SALE OF THE PRO- 
VINCE GOVERNMENT UNDER THE NEW PROPRIETORS. 



It has already been stated that on the 1st of July, 1676, the 
province of New Jersey was divided into two portions, to be 
called respectively, East and West New Jersey. 

At that time, as before noticed, Governor Carteret had returned 
and had entered upon the discharge of his duties, and a General 
Assembly having been convened, a number of enactments had 
been made suited to the conditions of affairs at the time. 

Early in 1676, the General Assembly again met, and several 
acts, but most of them having a relation to individual interests, 
were passed. One enactment was designed to secure the atten- 
dance of those who had been elected as Deputies, it being set forth 
"that the country is damnified that the Deputies have not attended 
the writs whereby they were summoned to appear, at the time and 
place appointed." It was therefore provided that whosoever 
should not appear, should pay as a fine, ten shillings for each day 
of his absence; and to facilitate the attendance of the Deputies, it 
was directed, that they should have power to press "any vessel, 
horses or men" in aid of their passage. An enactment was made 
providing for the Governor's salarv, directing that an assessment 
should be made of two shillings per head for every male within 
the province from fourteen years old and upwards. At an ad- 
journed session which was held at Woodbridge, the compensation 
for the members of Assembly was determined; during the time of 
their assembling together, sitting, and returning home, the Gover- 
nor was to receive four shillings a day, each member of the 
Council three shillings, and the Representatives also three shill- 
ings each. 
25 



194 GOVERNMENT IN EAST NKVV JERSEY. 

Government in East Jersey seemed now to be established, the 
heats and discontents that had formerly prevailed, if not entirely 
removed were not openly manifested. But at an early period a 
difficulty arose from another quarter. 

The arrival of Edmund Andross as Governor under the Duke 
of York, together with the nature and extent of his commission, 
have already been noticed. The interference of Andross in East 
Jersey was carried even further than in the western portion of the 
province, and was attended with circumstances of no less aggrava- 
tion. 

Early attempts were made for the collection of those customs 
which his Royal Highness had thought proper to establish 
throughout his territory, and William Dyre, the collector of the 
Duke's revenues in New York, was appointed to collect the cus- 
toms in New Jersey. These attempts were made in the directest 
manner. In West Jersey the collection had been actually made 
within the limits of territory that was clearly and exclusively 
within the jurisdiction of Andross, but a further advance was 
made in the other part of the province. 1 The province was en- 
tered upon and the regulations that were established by its proper 
authorities, were opposed or disregarded. 

Governor Carteret being desirous to awaken a spirit of com- 
mercial enterprise, had adopted measures for opening a port with- 
in bis province, and some vessels had been entered and cleared 
at Elizabethtown. But this proceeding was opposed by Andross; 
he insisted that it was in direct opposition to the powers that, had 
been given to him, and to the rights and interests of the Duke of 
York, and his superior authority enabled him to carry out his 
designs, and to frustrate the efforts that were made in the neigh- 
boring province. In these pretensions and measures Andross 
was fully supported by the Duke, his master. Express authority 
was given by the latter, approving and confirming the acts of his 
subordinate. The Duke was desirous to avoid a direct collision 
with Sir George Carteret, the proprietor of the province, (whom 



1 On the Delaware the collections had been made at Hoar-Kill, or at New 
Castle, though all vessels entering the river were compelled to submit to the 
demand. 



GOVERNMENT IN EAST NEW JEKSEY. 105 

he held in especial favor) hut still was in no wise disposed to re- 
linquish his claims. 2 

The growing hostility between Carteret and Andross was al- 
loyed for a time, by the departure of the latter for England. It 
is stated, that before he embarked from New York "he went to 
take leave of Governor Carteret in the Jerseys," a visit which it 
is hardly to be supposed was entirely prompted by a feeling of 
amity; a desire to inform himself of the state of affairs in the pro- 
vince by personal remark, was probably considered an object of 
more importance by him, than an observance of the forms of 
courtesy. 3 

Instructions Men 1 given to Andross, in England, by which the 
period for the demand of customs was limited; it was only to 
continue for three years more. But as the exaction had never 
been submitted to, even in New York, but with the greatest reluc- 
tance, the present concession gave little satisfaction, and the con- 
tinuance of the demand in New Jersey, was productive of much 
irritation. 

In 1679, Governor Carteret issued a proclamation declaring 
Aniboy to be a free port to all vessels trading to East Jersey, and 
in consequence of this permission, a trader from Barbadoes en- 

- Tn a despatch from Sir John Werden, the Duke's Secretary, to Governor 
Andross, dated August 31st, 1676, the following appears: — "I add thus much 
further in relation to Sir George Carteret's colony of New Jersey, it is that I 
have acquainted his Royal Highness with what Mr. Dyre wrote to me about 
his little bickerings with Captain Carteret for not letting a present pass, &c. 
And though small matters are hardly worth notice, espceialby where Sir George 
Carteret himself is concerned, (for whom the Duke hath much esteem and re-. 
gard,) I do not find that the Duke is at all inclined to let go any part of his 
prerogative which yon and your predecessors have all along constantly asserted 
on his behalf; and so, though at present in regard to Sir George Carteret we 
soften things all we may, not to disturb his choler (for in truth the passion of 
his inferior officers so far affects him as to put him on demands u Inch he hath 
no color or right to,) I verily believe that should his foot chance to slip, those 
who succeed him must be content with less civility than we choose to show 
him on this point, since that we should exercise that just authority, his Roval 
Highness hath without such reserves, as though hut intended as favors now 
may if confirmed, redound too much to the prejudice of your colony." 
3 Whitehead's New Jersey, p. 70. 



190 GOVERNMENT IN EAST NEW JERSEY. 

tered his vessel soon afterwards, at that place. But information 
of the fact being given to Andross, he despatched his messengers 
with orders to take possession of the vessel and bring her to New 
York, which being done, he compelled the master to pay duties 
at that place. Not long subsequent to this proceeding, and pro- 
bably in consequence thereof, the Assembly of East Jersey en- 
acted a law that the sum of one hundred and fifty pounds should 
be raised for the encouragement of any vessel to come into the 
province to trade and traffic, and that if any vessel should come, 
and after entering and clearing in a proper manner, should be 
arrested and detained by the Government of New r York, for the 
cause of trading in New Jersey, that the above mentioned sum 
should be used for the reparation of the loss and injury sustained 
by such arrest ami detention. 4 Tins measure, though it might 
tend to the encouragement of trade, was little calculated to secure 
the province from the injurious demands and acts of the neighbor- 
ing government, and on this account, as may be supposed, the 
law itself was soon afterwards repealed. But in fact, the demands 
of Governor Andross had now become such, that nothing could 
be expected from any expedients of a temporary kind; the very 
existence of the government wis threatened. 

In March, 1679, Andross directed a communication to Gover- 
nor Carteret declaring that the acts of the latter being performed 
without legal authority, tended to the disturbance of his Majesty's 
subjects, and that he was therefore required to cease from the 
exercise of any authority, until his powers should be properly 
acknowledged at New York. 5 Such a communication rendered 
it necessary that some vigorous measures should at once be taken. 
Governor Carteret called a meeting of his Council, and also "of the 
most eminent part of the country," and after full consultation, re- 
plied to the demand that had been made. He asserted that his 
authority in the province was not founded upon any presumption 
or pretence, but upon a grant from his Royal Highness, and the 
commands of his Majesty, as well as long and peaceable posses- 
sion, and that he, and his Council and the people felt bound to 
the government of Sir George Carteret, and were resolved to 



4 Gr uits and ' 'omissions, p. 131. ! Grants and Concessions, p. 6?3. 



GOVERNMENT IX EAST NEW JERSEY. 197 

maintain it, and that if force should be resorted to, they would defend 
themselves and their families to the best of their ability, and if 
blood should be shed, it would be contrary to their desires, and a just 
and righteous God would require it at the hands of those who 
were the cause thereof. But before this reply was received by 
Andross, he had issued a proclamation intended to dissolve the 
Government of Carteret; he required that all persons should sub- 
mit to him as the representative of the King's authority, and re- 
presented the proprietary claims to power as entitled to no attention 
whatever, and all persons were warned from abetting, assisting or 
observing the same. 6 In return, Governor Carteret asserted and 
proclaimed that his authority had been established in pursuance 
of bis .Majesty's permission and command, and that without the 
same command, it should not be resigned, and that the people of 
the province were resolved to live and die with the name of true 
subjects, ami not traitors. 

Nearly at this period Sir George Carteret, the proprietor of 
East New Jersey, died, and by his will his province was devised 
to trustees to be sold for the benefit of his creditors. His widow 
Lady Elizabeth Carteret, was left executrix of his estate, and 
jruardian to his grand-son, and heir. Edward Earl of Sandwich, 
John Earl of Bath, Hon. Bernard Granville, Sir Tbomas Crew, 
Sir Robert Atkins and Edward Atkins, Esq., were the trustees. 
But the death of the proprietor was followed by no immediate 
change in the state or management of affairs in the province. 

Before proceeding to further extremities, Governor Andross 
resolved upon visiting East Jersey in person, to make a full ex- 
planation of bis rights and powers, and to demand a surrender of 
the government. Information of this design was given to Carteret, 
and he, expecting a hostile, rather than a peaceful visit, was pre- 
pared for such an emergency; but upon finding that Andross was 
not attended by any "offensive forces," he was received witli 
proper civility. 7 Andross entered at once upon the business in 
hand; he produced and displayed the letters patent from the King, 
the grant to the Duke of York, and the commission of the latter 
to himself. A similar display of authority was made by Carteret. 

* Grants and Concessions, p. 675. " Grants and Concessions, p. G77. 



198 GOVERNMENT IN EAST NEW JERSEY. 

Nothing' could be gained by an exhibition of claims that were 
already perfectly known, and when each of the parties was fully 
resolved, and accordingly this attempt to decide the matter "rather 
by argument than arms," was found entirely to fail. Andross 
left the province, having been courteously entertained and dismis- 
sed by Carteret. But proceedings of a different character were 
soon to follow. 

On the 30th of April, 1680, Andross despatched an armed force 
with orders to enter the province, to seize upon Carteret and carry 
him to New York, and the order was executed with circumstances 
of much aggravation. The same outrage that had been twice 
committed in West Jersey in the case of Fenwick, was thus re- 
peated in East Jersey upon the person of Carteret. The Gover- 
nor was detained at New York as a prisoner, until the 27th of 
May, when a court was convened for his trial. He was charged 
with having "riotously and routesly," with force and arms, en- 
deavored to maintain and exercise jurisdiction and government 
over his Majesty's subjects, within the bounds of his Majesty's . 
letters patent granted to his Royal Highness. Carteret at first 
protested against the authority of the court, and demanded his 
liberty, on parole, to appear when the King should command it 
who he declared "was the proper decider of this matter;" but 
afterwards the protest was withdrawn and the defence of the 
accused was made upon the merits of the case. Carteret ac- 
knowledged that he had exercised government, and that he had 
refused to resign it, but he asserted that he had been placed in 
the government of New Jersey, having been commissioned as 
Governor thereof, by power derived from his Majesty, and that 
his Majesty had also given his command to the people, to be 
obedient to the government established by Sir George Carteret, 
and that he did not dare to deliver it up without a special com- 
mand from the King. He also submitted documentary evidence 
to substantiate his declarations. The defence was considered suf- 
ficient, and a verdict of acquittal was rendered. But, although An- 
dross had caused a court to be convened and a jury empanneled, 
he was resolved that his own decision should be given. He refused 
to receive the verdict, and ordered the jury again to retire; once 
and again was this repeated, the jury remaining firm, and the 



GOVERNMENT IN EAST NEW JERSEY. 199 

Governor being resolved to reduce them to submission. Finally 
the verdict was allowed to stand, but the court declared their 
opinion and gave judgement, that if Carteret shouldgo again to New 
Jersey, he should give security or an "engagement" not to assume 
any authority or jurisdiction there, either military or civil. This, 
in effect, was an imposition of punishment, though, according to 
the verdict of the jury, no offence whatever had been committed. 

Governor Carteret having thus been removed, an attempt was 
made by Andross to obtain possession of the reins of authority. 
He appeared at the General Assembly which convened on the 2d 
of June, 1680. He acquainted the Assembly that they were met 
for the "service of the King and the country," and informed them 
that with a view to a proper exercise of their duties, he had 
brought the King's letters patents under the great seal of England 
to his Royal Highness the Duke of York, and also the Duke's 
commission to himself, and these he intimated were the ground of 
authority upon which they were in future to act. He recom- 
mended that an act confirming all former judicial proceedings 
should be passed, and also offered for their acceptance a body of 
laws that had proceeded from the Assembly of New York, adding, 
that if "any small matters were wanting," they might afterwards 
be supplied. 

The Assembly replied with boldness though with " due respects to 
his Majesty's letters patents." They stated that as the represen- 
tatives of the freeholders of the province, they did not dare to 
grant his Majesty's letters patents though under the great seal of 
England, to be their rule, for that the great charter of England 
was the only rule, privilege, and safety of every free born English- 
man. They said that what they had formerly done had been in 
obedience to the authority then established, that things done ac- 
cording to law needed no confirmation, and they had no power to 
tie any man's hands from obtaining his just privileges and rights. 8 



8 By "a confirmation of former judicial proceeding's," Andross seems to have 
had particularly in view an approval by the Assembly of the province, of the 
action of the court in the case of Carteret, and with an understanding of the 
design, the Assembly refused to do any thing which should impede the endea- 
vours of Carteret to recover his authority. 



200 RELEASE BY THE DUKE OF YORK. 

They also mentioned that they supposed their own laws to be most 
fitting- and suitable for the province. They also, in apprehension 
that an attempt might be made to abolish the legislative authority, 
made a declaration that the people of the province were entitled 
to the enjoyment of all the rights allowed to them in the conces- 
sions, among which was that of electing Deputies to an Assembly 
of their own, where such laws might be enacted as should 
be thought necessary. They also made an enactment con- 
firming the laws passed at a previous session of the Assembly, 
and this confirmation, together with the law book of the province, 
was presented to Andross and his Council. 9 The firmness of 
the Assembly completely defeated the designs of Andross. 

During this period Governor Carteret had made application to 
Lady Elizabeth Carteret, the executrix of Sir George, and to the 
other individuals concerned, in order that he might be reinstated 
in his rights and powers. 

In September, 1680, a communication was received from Lady 
Elizabeth, containing an absolute command not to take notice of 
any commissions, warrants or orders from Sir Edmund Andross. 
She also directed, that an account of the charges and damages 
sustained by the province in consequence of the usurpation of 
Andross, should be drawn up, for that his Royal Highness the 
Duke of York, upon being informed of the acts of his deputy, had 
denied that he ever had authority from him to perform such acts, 10 
on the contrary, that his Royal Highness would not derogate in the 
least from what he had formerly granted to Sir George Carteret. 
Lady Elizabeth also engaged that the authorities of the province 
should be continued and sustained, and warned all persons from 
obeying or abetting in any proceedings ordered by Andross or by 
officers of his appointment. On the part of Andross further pro- 
ceedings were arrested by a communication from the Duke, the 
nature of which will presently appear. 

It has been seen that the proprietors and people of West New 
Jersey had made a successful defence against the claims of the 



s Grants and Concessions, p. 683. 
10 Such a declaration from the Duke was in direct contradiction to others he 
had made, but his course in relation to New Jersey was full of inconsistencies. 










201 







RELEASE BY THE DUKE OF YORK. 

Duke in that province, and that a deed was executed by which 
all the rights and powers of his Royal Highness were surrendered 
to others. The situation of East New Jersey in" reference to the 
claims of the Duke was entirely the same as in the other part of 
the province, and hence a grant of one was necessarily followed 
by a similar release of the other. Accordingly on the 6th of 
September, 1680, the Duke gave an order to Sir John Churchill, 
his Attorney General, and Sir George Jeffrys, his Solicitor Gene- 
ral, directing them to prepare an instrument similar to that which 
had been executed to E J ward Byllinge and others, in order that 
he might release and confirm the moiety 01 New Jersey, called 
East New Jersey, unto Sir George Carteret, the heir of Sir George 
Carteret (lately deceased.) 11 The fact that this release had been 
made, was communicated to Governor Andross by Sir John Wer- 
den, the Duke's Secretary, in a letter bearing date the 6th of 
November, 1680. 

Governor Andross himself was now placed in a situation of 
difficulty. His proceedings in New Jersey had been disavowed 
by the Duke, and his course, not only in this province, but also in 
New York, had been such as to occasion much dissatisfaction. 
Some distrust too, seems to have been excited in the mind of the 
Duke as to the faithfulness or discretion of his deputy, for at this 
time John Lewen had been sent out as a commissioner to examine 
into the condition of the province, and to ascertain the amount of 
revenue. In obedience to a command or intimation from the 
Duke, Andross soon afterwards returned to England and there 
an investigation concerning his conduct was entered upon. But the 
subtle deputy succeeded in removing all suspicion, and was pre- 
sently restored to his master's confidence. He did not return to 
his former situation, but at a subsequent period was advanced to a 
post of far higher importance. 

Andross had left as his representative in New York, Anthony 
Brockholst, the President of the Council, and this officer seems 
to have partaken in a large degree of the spirit of his principal. 
To him Governor Carteret, who had now resumed his place and 



11 Whitehead, note, p. 192. 
26 



202 RELEASE BY THE DUKE OF YORK. 

authority, directed some of the papers he had received in relation 
to the recent changes in the state of affairs. 

On the 26th of July, 1081, Brockholst addressed a communica- 
tion to Carteret, in reply, in which he acknowledged the receipt 
of the papers. But he observed at the time, that he did not find 
in them any thing to authorize the assumption of authority in 
New Jersey, and he required that Carteret should desist from 
acting in any public capacity until he should show a proper war- 
rant, according to the orders and resolves of the court at New 
York, and according to his own parole. Such a demand subse- 
quent to the full release of the province, and the consequent ac- 
knowledgement of Carteret's authority, was truly extraordinary. 
Carteret replied that he had sufficient power to act as Governor 
of East New Jersey, and that he was under no more obligation to 
account to the authorities of New York, than they were to exhibit 
a warrant to him. 

Soon afterwards the General Assembly of East New Jersey 
was convened, and amongst other measures for the settlement of 
the province, it was unanimously voted, that the proceedings of 
Sir Edmund Andross and his abettors against the government, 
were altogether illegal. This was the last act in this protracted 
contest The whole of New Jersey was released from the Duke 
of York, and all the claims that had been urged by him, or on his 
behalf, were entirely abandoned for the time, though, as will be 
seen, they were afterwards renewed in a different form. 

It is not easy, even with the most careful review, entirely to 
understand or explain the course of the Duke. It might be sup- 
posed that he really conceived that a claim had been retained, by 
virtue of which he might exercise authority within the limits of 
the province. But the question of right in the case, is contained 
in so narrow a compass, and is so plain and open to view, that it 
seems scarcely possible that any individual of common capacity 
in judging, should have failed to discern it. 

The Duke had received and held his American possessions as 
a Proprietary Lord or Governor. He held authority in connexion 
with property. The possession of territory was made the basis 
of power. In after transactions it is true, the two might be sepa- 
rated, yet without a special stipulation to the contrary, the ac- 



RELEASE BY THE DUKE OF YORK. 203 

qusition of the property, which was the basis, would carry with 
it the possession of every incidental advantage. The Proprietary 
Lord might make reservations or conditions in his own favor, but 
without this, jurisdiction would be conveyed at the same time as 
property. That property might be made the basis of political 
power, was indeed a vicious and dangerous principle, yet it had 
long been acknowledged and acted upon in England, and its 
propriety had not been brought into question. The Duke of 
York then, as Proprietary Lord, executed a conveyance to 
Berkely and Carteret, and in this act, there was no reservation ; 
on the contrary, it was expressly said that the possession was 
conveyed in as full and ample a manner as the Duke himself 
had received it. It cannot be disputed that one of the inci- 
dents of this possession was the exercise of power, and the 
grantees of the Duke being put precisely in his situation, they 
of consequence, became rulers, as well as proprietors. They, 
indeed, were inferior rulers, they owed and owned allegiance to 
the King, as the grantor himself had owed and owned it, but no 
allegiance other than this, was due ; they owed none whatever to 
the Duke of York, because he had parted already with his rights 
and powers. The decision of Sir William Jones was in confirma- 
tion of these views. The claims of the Duke of York were denied, 
because he had made "no reservation of any profit, or so much 
as jurisdiction." And beside the theory of the case, there was 
also important practical evidence. The grantees of the Duke had 
established a government in the province with the full knowledge 
of the grantor; and he, so far from making any objection, had 
actually given instructions that the proprietors should be assisted 
in their endeavours "for the settlement and the maintenance of 
quiet in these parts." Nor could any advantage be claimed bv 
the Duke on account of the change that was supposed to have 
occurred in consequence of the occupation of the Dutch. A 
second confirmation from the King had been made to Carteret, 
even before that to the Duke, and this confirmation could not be 
annulled by the commission which was afterwards given by the 
Duke to Andross. And besides this, in the proclamation of An- 
dross himself, all former grants, privileges or concessions, and 



204 GOVERNMENT AFTER THE DXJKe's RELEASE. 

all estates legally possessed by any under his Royal Highness, 
before the late Dutch government ivere confirmed. If the Duke 
comprehended his own position, he cannot fail to be convicted of 
a want of honesty and honor, if he did not, (which is the more 
charitable conclusion,) it must then be acknowledged that he was 
wanting in capacity. It may be, as before observed, that he was 
lacking in both these respects. 

An incidental advantage, and the only one that could possibly 
arise, was experienced in East Jersey from the claims and demands 
of the Duke. The government and people of the province had 
been brought into closer union in the opposition they made to a 
common danger; all parties had agreed in resisting the usurpations 
of Andross. But so soon as the outward restraint was removed, 
the latent evil existing within, began to be actively manifested. 
The early disaffection to the government had only been quieted, 
and a new occasion of dissatisfaction and complaint had also 
been given. The disturbances that occurred in ihe province 
had led, as has been seen, to important changes in the proprietary 
government, and these changes, though acquiesced in for a lime, 
were now objected to. They were represented as an infringe ment 
upon the rights that had been granted to the people. 

In October, 1681, the Assembly convened at Elizabethtown, 
and an exciting discussion immediately arose between the Gover- 
nor and Council, and the Representatives of the people. The 
latter denied that the proprietors had any right to change the con- 
cessions, and that the change was contrary to express stipulations 
and grants, whilst the Governor and Council insisted, that the 
alterations had become necessary, and were warranted by the cir- 
cumstances existing at the time. It is certain that the conduct 
and course of the people had not been consistent with the terms 
of the concessions; in fact, the government established by the 
proprietors had been almost entirely subverted, and under these 
circumstances the proprietors may have thought themselves ab- 
solved from their original obligation. But it may yet be doubled 
whether entirely new conditions could be made binding upon the 
people, without their assent, and the only assent that had yet been 
given was such as might be inferred from continued acquiescence 



GOVERNMENT AFTER THE DUKe's RELEASE. 205 

and an active opposition to foreign aggression. 12 The case was 
one that presented a question in politics which seemed to be open 
to discussion, and which was warmly discussed. The Represen- 
tatives declared that the original concessions were to be accepted 
according to the letter, and without interpretation, and that the 
document styled "A Declaration of the true intent and meaning 
of the Lords Proprietors and explanation of the Concessions," was 
in truth, a breach of the concessions, and had been a cause of great, 
prejudice to the rights of the settlers, and as the concessions and 
the "Declaration" were contradictory, they demanded that the 
latter should be made void. The Governor and Council replied 
that no false interpretations of the concessions had been made, 
and demanded that the acts of encroachment complained of, should 
be specified, and by whom committed. They remarked too, with 
some asperity, that if the concessions had been understood, as ful- 
ly as they had been read and examined, the demand that any part 
should be made void would not have been urged. They also 
all "Jged that according to the sixth article of the concessions, the 
proprietors had a right to make alterations. The Representatives 
in return directly asserted that the inhabitants were not obliged to 
conform to the " Declaration," and that as the Governor and 
Council instead of making an answer, had only reflected upon the 
understanding of the deputies, they were compelled to make their 
publication against the said "Declaration." They also denied 
that any right of alteration was reserved by the proprietors. The 
altercation was continued until it seemed vain to look for a final 
agreement, and at length James Bollen, (the Secretary of the pro- 
vince,) Captain Henry Greenland and Samuel Edsall, presented 
themselves and summoned the Representatives immediately to 
attend the Governor and Council. The Speaker requested time 
to consider the demand, but without attention to this request, a 
declaration was made by Bollen, under orders from the Governor, 
that "this pretended House of Deputies be dissolved." He also 
left a paper reflecting most severely upon the conduct of the mem- 



12 The Representatives in the General Assembly had, after the change, taken 
the oaths of allegiance to the King and fidelity to the Lord Proprietor, an act 
that might possibly be construed as an acceptance of the modified government. 



206 SALE OF THE PROVINCE. 

bers, and objecting to the name or stile which they had assumed. 

This was the first time that the Assembly had been dissolved in 
New Jersey, and the Deputies with unanimous consent, protested 
against the act as being contrary to the concessions and an inno- 
vation of the government.' 3 According to the concessions as they 
had stood at first, the General Assembly had the power of determin- 
ing its own meetings and adjournments, but this was one of the 
particulars in which a change had been made by the subsequent 
"Declaration and Explanation." 

This was the conclusion of legislative proceedings under the 
administration of Governor Carteret; the province itself was soon 
afterwards conveyed into different hands. 

The death of Sir George Carteret, the proprietor of East New 
Jersey, and the appointment of Trustees to make sale of his lands 
for the benefit of his heirs, have already been mentioned. In 
pursuance of this trust, the persons appointed had offered the 
province for sale, but no private purchaser presenting, it was re- 
solved to expose the entire proprietary interest to a public sale. 
A strange spectacle was thus presented. The ownership of a 
country, and the government of a population of five thousand per- 
sons, were offered at an auction, with scarcely more form than 
might have been observed in the sale of merchandize, or the dis- 
posal of cattle. But a train of fortunate occurrences warded off 
from the province the disgrace and injury that might have been 
apprehended, and that might have occurred, from such a procedure. 
Purchasers appeared whose character and aims gave sufficient 
security against an unworthy or improper use of property or 
power. 

The Quakers of West New Jersey had been prosperous in 
their attempt. They had acquired a territory of ample extent 
and had established a liberal government; they had also vindi- 
cated their rights even against the pretensions of the heir to the 
throne, and had placed their civil and religious liberties upon a 
foundation that promised to stand. The success of their experi- 
ment gave encouragement to others of the same profession to 
venture upon a similar trial, and they resolved with this view, to 



" Whitehead, p. hi and L93, 



SALK OF THE PROVINCE. 207 

embrace the opportunity that was now presented. William Penn 
with eleven associates, some of whom were already concerned in 
New Jersey, became the purchasers of Carteret's province. 14 
Deeds of lease and release, (which are yet in existence,) were 
made to the purchasers on the 1st and 2d of February, 1681-2. 
Not long afterwards each of these purchasers sold one half of his 
respective right to a new associate, and thus the number of pro- 
prietors was doubled. 15 Among the new associates admitted in 
the manner just noticed, were persons not of the same religious 
profession as the original purchasers, a circumstance that would 
seem scarcely to harmonize with the primary movement. But it 
may have been done with design, in order to relieve the proprietors 
from the charge or suspicion of an exclusive or sectarian purpose. 16 
The province was already settled, and the population consisted 
of persons of different sects ; difficulties between the people and 
the government already existed, and new causes of dissatisfaction 
were to be carefully avoided. To extend and strengthen the in- 
terests of the province by bringing into the connexion persons of 
wealth and distinction in different parts of the kingdom, may also 
have been a part of the object in view. 17 

Beside the deeds that were given to the original purchasers by 
the devisees of Carteret, another conveyance was made on the 
14th of March, 1682, to the new body of twenty-four, by his 
Royal Highness the Duke of York. This was done, as was said, 
"for the better extinguishing of all such claims and demands as 
his said Royal Highness or his heirs may in any wise have, of, 
or in, the premises aforesaid, or any part of them," and to the 



14 They gave the sum of 3,400 pounds. 

"The original proprietors were William Penn, Robert West, Thomas Rud- 
yard, Samuel Groome, Thomas Hart, Richard Mew, Ambrose Riggs, John 
Haywood, Hugh Hartshorne, Clement Plumstead, Thomas Cooper and Thomas 
Wilcox who soon parted with his entire interest. The new associates were 
James, Earl of Perth, John Drumond, Robert Barclay, David Barclay, Robert 
Gordon, Arent Somnans, Gawen Lawrie, Edward Byllinge, James Braine, 
William Gibson, Thomas Barker, Robert Turner, and Thomas Warne. 

16 It had been objected that a province governed by Quakers must be left un- 
provided of the means of military defence. 

11 Some of the new proprietors were of Scotland and others of Ireland. 



208 GOVERNMENT UNDER THE NEW PROPRIETARY. 

aforesaid persons the Duke also granted "all and every such and 
the same powers, authorities, jurisdictions, government, and all 
other matters and things whatsoever, that ever were, or were in- 
tended to he granted unto his Royal Highness, his heirs and 
assigns." 1S In addition to this, on the 3d of November, 1683, the 
King issued a letter in which the grant of the Duke of York to the 
Proprietors, was fully confirmed, and his Majesty also declared 
his Royal will and pleasure that all persons concerned in the pro- 
vince should yield all due obedience to the laws and government 
of the grantees, and their heirs and assigns, as absolute proprietors 
and governors thereof. 19 

The new body of Proprietors did not immediately devise or 
digest a system of laws, but they adopted measures for the main- 
tenance of government within the province. They proceeded at 
once to appoint a Governor, and their choice for this office fell 
upon Robert Barclay, of Urie, in Scotland. He was one of the 
number of proprietors, and at this time had become much distin- 
guished both in his own religious society, and also in the world of 
letters. An early convert to Quakerism, he had shown a sincere 
and earnest attachment to the principles and faith of his sect, as 
well as the highest ability in explaining and defending them. His 
good condition in the world, his acknowledged capacity, and more 
than these, the purity of his life, and his good name as a "Friend," 
all pointed him out as the person best filled for the principal silua- 



18 It is not easy to conceive what "claims and demands" his Royal Highness 
could have had upon the province, at this time. He had already made two con- 
veyances including both property and jurisdiction. It has been presumed that the 
grant resulted from an application to the Duke by one of the proprietors; 1 bis 
person represented (in a letter to Sir John Werden, the Duke's Secretary) that 
the proprietors of East New Jersey desired "to have our grant rather holden 
by charter of his Royal Highness, than as it is at present by transmission from 
our authors, without any augmentation of our privileges, but to be undei the 
Duke's immediate protection." The answer to this application was not decisive. 
The Secretary wished to know whether the proprietors desired to add East 
Jersey to New York, or whether they wished to remain distinct, only with the 
Duke's confirmation of their rights and possessions, as formerly held by Sir 
George Carteret. See Whitehead, p. 195. 

'■ Grants and Concessions, p. 151. 



GOVERNMENT UNDER THE NEW PROPRIETORS. 209 

tion in the government. An additional reason for the present ap- 
pointment has also been suggested. The sect of Quakers were 
still opposed, and at times oppressed, but it is yet represented 
that they were regarded with a degree of favor by the principal 
persons at the English court, and that the elevation of Barclay, a 
conspicuous member of this society, was supposed to agree with 
the wishes of the King, and of his brother, the Duke of York. 
The agreement between the Quakers and the court has been ex- 
plained in a manner not much to the advantage or credit of the 
former. 

It has been said "that the falsehood and cruelty that stained 
the conduct of Charles and James, rendered them hateful to all 
men except tiie Catholics and Quakers. " :o The assertion that 
the vices of the King, or the court, were looked upon with any 
complacency by the followers of Fox, if not a calumny, can only 
be considered as a gross mistake. The sympathy, so far as any 
existed in the case, was founded upon different grounds. At this 
period both Charles and James were in real opposition to the 
people of England, in regard to religion. Charles himself had no 
religion whatever, either in profession or in fact, but his pre- 
ferences were rather in favor of the Catholics. James was a 
rigid Catholic, and was often imprudent both in the avowal and 
in the support of his faith. But the English people had the 
strongest dislike to the Catholic religion, and in consequence, the 
movements of the court were looked upon with constant anxiety 
and suspicion, and a party opposed to the Duke as the heir to the 
throne, was constantly gaining in strength. 

Penn and Barclay and the rest of their sect, kept themselves 
apart from every thing tending to disturbance in the State; nothing 
of this sort accorded with their feelings, or was supposed to fall 
within the sphere of their duties Beside this negative virtue, 
which could not but be noticed, the Quakers were also the advo- 
cates of free toleration in religion, and in this particular they fell 
in with the views which, at the time, either from interest, or con- 



50 Grahame. — This author, however, attempted to soften his assertion by at- 
tributing the compliance of the Quakers less to want of integrity, than a lack 
in penetration. 
27 



210 GOVERNMENT PNDER THE NEW PROPRIETORS 

viction, were maintained by the Duke. These were the points 
of union between the leaders of the Society of Friends, and the 
court, and these were the only points. 

The appointment of Robert Barclay as Governor, was made 
with a condition, that he should not be required to reside in the 
province, but might exercise his office by deputy. At an early 
period a deputy was appointed in the person of Thomas Rudyard ; 
he was an Attorney of some distinction in London, and had been 
brought into communication with "Friends" by assisting at the 
trial of Penn and Mead. He soon departed for the province in 
company with Samuel Groome, who was to serve as Receiver 
and Surveyor General. Both Rudyard and Groome were of the 
number of proprietors. 21 They bore a letter from Governor 
Barclay, directed to "The Planters and Inhabitants of the pro- 
vince of East Jersey in America." In this communication, the 
Governor on behalf of himself and the other proprietors, set forth, 
that it was their principal desire to approve themselves in the 
situation in which Providence had placed them, so that the welfare 
of the people might be promoted by the new relation, and that 
they held themselves obliged by the laws of God and the just 
laws of man, as well as their own interest, to use all proper 
means to render the plantation prosperous; and it was added that 
they had sent over two or three of their number, "honest and 
prudent men," with suitable instructions, who would confirm the 
rights of such as were there planted upon the concessions hereto- 
fore granted, and supply any defects therein. 

Soon after his arrival in the province Rudyard appointed six 
persons as his Council, before whom he was sworn in office as 
Deputy Governor of the province. 22 

The "suitable instructions" given by the proprietors have not 
been preserved, but their import may be gathered from the subse- 
quent proceedings. The former concessions were to continue in 



"' They had been appointed to their respective offices on the same day, Sep- 
tember 16th, 1682, and arrived in the province November 13th, of the same 
year. Whitehead, p. 95. 

"- The Council were Lewis Morris, John Berry, John Palmer, William Sand- 
ford, Lawrence Andross and Benjamin Price. 



GOVERNMENT UNDER THE NEW PROPRIETORS. 211 

force, including the provisions in relation to government, and also 
for the disposition of lands and the collection of rents. 23 

On the 1st of March, 1682, an Assembly of the province was 
called, which convened at Elizabethtown, and two subsequent 
sessions were held in the course of the year. During these ses- 
sions important enactments were made. County divisions, which 
hitherto had been but imperfectly marked, were now distinctly 
set forth, and established. Four counties were erected, Bergen, 
Essex, Middlesex, and Monmouth. In each of the counties a 
High Sheriff was to be commissioned. 24 Laws were also passed 
re-organizing and establishing the judicial department of the 
government. Certain courts which had been erected without the 
authority of the General Assembly, were abolished. 25 One general 
court for the whole province was to be instituted, to be called " a 
Court of Common Right," to which jurisdiction was given in all 



03 In a letter written some time after his arrival, Groome observes, "I purpose 
shortly to u rite to, and demand of all places the quit rents and arrears; they 
generally say they will pay. Captain Berrie is two or three hundred pounds 
behind in arrears, as is said, because his case differs from others a little. I'll 
(God permitting) begin with him first of all about his rent, and either have 
money or land. Smith's New Jersey, p. 174. 

24 The Sheriff was the particular officer of a county, in fact, the word is de- 
rived from the existence and authority of such an officer as county, comitatus, 
is derived from comes, the Count of the Franks; that is, the Earl or Aderman 
(as the Saxons called him,) of the Shire, this office was usually exercised by 
deputy, still called in Latin vice-comes- Blackstone. 

25 After the dissolution of the Assembly by Governor Carteret, in 1681, special 
commissions had been given by the Governor for holding courts, and it was 
now alleged that such commissions were contrary to the concessions. Under 
the "Explanations" of the proprietors, the Governor and Council had power to 
constitute courts in particular corporations already settled, but the Courts of 
Sessions and Assises were to be constituted and established by the Governor 
and Council and the Assembly. Beside the irregularity in the mode of estab- 
lishing the courts, objection was made to the persons holding the commissions; 
Robert Vicers and Captain Henry Greenland were named, who it was said had 
committed divers misdemeanors and arbitrary actions, as by their being instru- 
mental in dissolving the Assembly in 16S1, to the prejudice of the public busi- 
ness of the province, and they were declared incapable of holding any office or 
trust in the province. Grants and Concessions, p. 228. 



212 GOVERNMENT UNDER THE NEW PROPRIETORS. 

cases, capital and criminal, or civil causes of equity, and causes 
tryable at common law. To this court appeals might be taken 
from any inferior tribunals, in all actions or suits for five pounds 
or upwards. It was to be the supreme court of the province, and 
to consist of twelve members, or six at the least; four terms to be 
held in the year, at Elizabethtown, in the county of Essex. 

County courts were also erected ; they were to be held in each 
county within the province, in which all causes and cases might 
be brought to be tried by the verdict of twelve men of the county. 
The Justices of the Peace of the respective counties were to be 
the Judges of the county courts, and three at least must be pre- 
sent. But it was provided that the distinction of counties, and 
the settlement of county courts should not entrench upon the 
powers or privileges of any grant or charter then existing. 26 
Beside the courts above mentioned, courts of small causes were 
also erected, to be held in each town, in every month throughout 
the year, to consist of three persons without a jury, or a jury 
might be called, should either of the parties require it. 

Acts were passed determining anew the criminal and penal 
codes. The levitical laws were followed in many particulars, but 
capital punishment was allowed in a much smaller number of 
cases than under the former laws of the province. It was provided 
that in all capital or criminal cases there should be a grand inquest 
who should first present the offence, and then twelve men of the 
neighborhood should try the offender. All persons arrested 
should be bailable by sufficient sureties, unless for capital offences 
where the proof was evident, or the presumption great. The estates 
of murderers, after all debts were paid, to go, one-third part to 
the next of kin to the sufferer, and the remainder to the next of 
kin to the criminal. Penalties were prescribed against those 
who should be guilty of resisting authority, of profane swearing, 
drunkenness, incest, adultery, fornication, and Sabbath breaking. 

Enactments were made for the compensation of the Governor, 
and for defraying the public charges of the province. The amount 



w Bergen, Middletown, Shrewsbury, Woodbridge and Piscalaway, each had 
charters giving them special privileges. 



GOVERNMENT UNDER THE NEW PROPRIETORS. 213 

required, was apportioned to be raised within the counties by 
taxation upon improved lands and stocks. 27 

At an early period a difficulty arose between Rudyard and 
Groome. The former pursued a course in relation to the disposi- 
tion of lands which infringed upon the powers, or was contrary 
to the views of the latter. Groome refused to make surveys of 
land which he supposed to be ordered with an especial view to 
the advantage of particular persons, and which he believed would 
be contrary to the interests of the proprietors. Rudyard insisted, 
and at length, as the principal officer in the province, he sus- 
pended the Surveyor General from office and proposed to appoint 
another in his place. The difference was finally brought to the 
notice of the proprietary body, and after full investigation a deci- 
sion was made in opposition to the acts and claims of the Deputy 
Governor. Groome was confirmed in office, and it was declared 
that such grants of land as had been yielded by the Governor, and 
not surveyed by Groome, should not be regarded as valid. The 
proprietors also resolved that another Deputy Governor should be 
chosen, though they acknowledged the services of Rudyard in 
many particulars and especially in "resisting and curbing the 
tumultuous spirit there," and they were willing that he should 
remain in office as Secretary and Register of the province, and in 
this capacity he was retained and continued to serve. 2S 

On the 17th of July, 1683, a new commission was given to 
Barclay as Governor of East Jersey. The proprietors declared 
that the power of government in the province had devolved upon 
them with authority to appoint such Governor and Commissioners 

21 'I he sum of fifty pounds was to be raised, of which the county of Bergen 
was to pay eleven pounds, Essex fourteen, Middlesex ten, and Monmouth fif- 
teen pounds. These sums might be paid in money, or in wheat, or corn, or 
other produce, at specified rates. 

2 It is probable that Rudyard was supposed not to have been wholly disin- 
terested in the transaction of the business of his office. The proprietors say, 
" we are very sensible of Samuel Groome's honesty and fidelity to our interest, 
in his care in seeking out and discovering the best land, and surveying it for 
our use, and in refusing to comply with the particular interest of any there, by 
accommodating them with lands, or others at their desire, to our general 
prejudice." Grants and Concessions, p. 182. 



214 GOVERNMENT UNDER THE NEW PROPRIETORS. 

for the well governing of the province as they should think meet, 
and that from confidence in the skill and integrity of Robert Bar- 
clay, they constituted and appointed him Governor all the days 
of his life: 29 Authority was given to him to do every thing ap- 
pertaining to the charge or office of Governor, according to his 
commission, and according to the laws and constitutions already 
existing, or that may hereafter be made ; and the office and 
trust were given to him without laying upon him any necessity 
to repair to the province, but with liberty to appoint a deputy 
during his absence, to be approved by sixteen of the proprietors. 

Not long afterward, Barclay appointed a Deputy Governor in 
the place of Rudyard. The office was now given to Gawen 
Lawrie, a Friend, and also a proprietor. His commission was 
dated in July, 1683. Lawrie had long been concerned in West 
New Jersey, and was entirely conversant with provincial affairs. 
In his commission he is mentioned by Barclay as "his trusty and 
well beloved fellow proprietor;" he was to hold the place of 
Deputy Governor for so long a time as he should conduct himself 
well, not exceeding seven years, and he also had power "in case 
of urgent necessity," to appoint a deputy under him. 

The instructions given to Lawrie by his principal, Barclay, 
show the pacific influences that had come to prevail since the 
establishment of the rule of the new proprietors. He was directed 
(when it should please God to bring him into the province,) to 
take due care to observe the act of navigation, and to see that it 
be infringed in nothing, as to what relates to the King's customs, 
or otherwise. 30 He was to maintain a good and friendly corres- 
pondence with the Governor and colony of New York, as well as 

08 It is supposed that his former commission had not been for life. — Grants 
and Concessions, p. 166. 

30 The acts of navigation had excited much dissatisfaction, and in some of 
the colonies, open opposition. In 1679, Massachusetts declared that they were 
an invasion of the rights and privileges of the subjects, yet as his Majesty had 
given orders that they should be observed, a law of the province was made re- 
quiring that they should be strictly enforced. The instructions of the Governor 
of East Jersey are probably to be understood in a similar way, not as an ap- 
proval of the act, but for the purpose of avoiding contention to provide for the 
observance of these laws under the authority of ike province. 



GOVERNMENT UNDER THE NEW PROPRIETORS. 215 

with the other neighboring colonies. He was to conduct himself 
with tenderness toward the people of his province; to attend to 
the matter of quit rents, and to examine into the claims of those 
who insisted upon patents and grants obtained from Governor 
Nicholls. He was to take care that the people should rightly 
understand the advantages of the scheme of government which 
had been prepared, and which was then sent over to be established. 
He was instructed, in relation to the laws passed at the last ses- 
sion of the General Assembly, and which had been sent over for 
approval, that though the proprietors did not object to some of 
them, yet they did not think proper to confirm them, as a new 
frame of government, "far more advantageous" to the province, 
was now to be introduced, and things should be ordered accord- 
ingly. 31 

Lawrie did not arrive in the province until the year after his 
appointment. He was received by the Council appointed by his 
predecessor, and his commission was read in their presence, and 
the oath of office administrated on the 28th of February. The 
same persons were continued, for the time, in the Council. 32 

The Deputy was intrusted with the new code of laws, called 
"The Fundamental Concessions," which had been devised by 
the proprietors, for the government of the province. This plan 
differed in many particulars from the concessions of the former 
proprietors. The first of its articles which prescribed the mode 
of appointing a Governor and the term of his office, sufficiently 
manifested that the appointment of Barclay for life, and without 
residence, had only been made in consideration of high and unu- 
sual merit. It provided, that after his death, (or in case of such 
malversation as should cause him to be divested of office,) the 
proprietors should choose a successor, who should be required to 
reside in the province, and who should continue in office only for 



31 The laws above mentioned were afterwards confirmed, excepting only a 
few particulars. Grants and Concessions, p. 279 and 281. 

34 Afterwards, in November, 1684, a change was made in the Council, Lewis 
Morris, Richard Hartshorne, Major Berry, Major Sandford, Isaac Kinglands, 
Thomas Codrington, Benjamin Price, Henry Lyons and Samuel Dennis were 
appointed. Whitehead, p. 100. 



216 GOVERNMENT UNDER THE NEW PROPRIETORS. 

three years, and that if any one should, within that period, propose 
his continuance for a longer time, or to choose him anew, or his 
son, it should be esteemed as a betrayal of the public liberty of 
the province, and the actor be esteemed a public enemy. 

The legislative authority of the province was placed in a "Great 
Council," to consist of the four and twenty proprietors, or their 
proxies, and one hundred and forty-four persons to be chosen by 
the freemen of the province; but at first, until other divisions 
should be made in the province, seventy-two only of these Repre- 
sentatives were to be chosen, making with the Proprietors or their 
Representatives, ninety -six members. All persons were to be 
capable of choosing, or being chosen in the Great Council, who 
were planters and inhabitants within the province, and were pos- 
sessed of a certain specified freehold estate. The Council were 
to form one body, and it should be the privilege of each member 
to propose any bill, and all matters should be determined by vote 
of two-thirds, yet twelve proprietors, or their proxies, must be 
assenting, to pass any act. A quorum of the body might be 
formed to consist of one-half the proprietors or their proxies, and 
half of the deputies at least, and in the determinations of matters 
before them the proportionate weight of the two branches should 
be the same as before, one-half of the proprietors present, and 
two parts of the deputies. 33 

All laws were to be published and to run in the name of the 
Governor, Proprietors, and Representatives of the freemen of the 
province. For avoiding a multitude of statutes it was determined 
that no law should remain in force more than fifty years after it 
was enacted, unless confirmed de novo, excepting the fundamental 
articles or concessions which were not to be repealed, but to re- 
main forever in force. 



33 In this body, although the two branches were to meet in one house, a dis- 
tinction of character was yet to be maintained between them, in voting. It is 
possible that a similar mode of acting may have been contemplated, though not 
expressly directed, in the concessions of Berkely and Carteret, but there, as 
has been seen, the branches became distinct at the very commencement of their 
proceedings, not merely in voting, but also in sitting, so as fully to constitute 
two houses, and this separation was afterwards confirmed by the proprietors 



GOVERNMENT UNDER THE NEW PROPRIETORS. 217 

The executive authority was to be composed of the Governor, 
and Common Council, the latter to consist of the twenty-four pro- 
prietors, or their proxies, and twelve persons chosen by ballot out 
of the Great Council. 34 

The execu ive body appointed the public officers of the province, 
as the Secretary, Register, Treasurer, and Surveyor General, as 
also all Sheriffs, Judges and Justices of the Peace. 

It was provided that no person within the province should be 
taken, imprisoned, or injured in his person or estate, but by law- 
ful judgment of his peers, neither should justice be bought or sold, 
deferred or delayed. All trials should be by twelve men, as near 
as may be peers and equals, and men without just exception. In 
all courts persons of all persuasions might, appear in their own 
way and manner, and plead their own causes, or if unable, by 
their friends, no person being allowed to take money for pleading, 
or advice, in such cases. No monies should be levied within, or 
upon any within the province, but by a law passed by the Great 
Council, and if any one should levy, collect, or pay monies with- 
out a law thus passed, he should be held a public enemy, and a 
betrayer of the public liberty. No person who should confess 
and acknowledge the one Almighty and Eternal God, and hold 
himself obliged in conscience to live peaceably and quietly in 
civil society, should be molested or prejudged for his religious 
persuasion and exercise in matters of faith or worship, nor be 
compelled to frequent or maintain any religious worship place or 
ministry, yet no man should be admitted a member of the Great 
or Common Council, or any other place of public trust, who 
should not profess faith in Jesus Christ, and solemnly declare 
that he doth not feel himself bound in conscience to do any thing 
to subvert the government of the province, or to injure any per- 
son because they may differ from him in judgement, or because, in 
his opinion they are heretics. 35 

" The members of the executive body, thirty-six in number, were to be dis- 
tributed into three committees, twelve for the public policy and to look to man- 
ners, education and the arts, twelve for trade and the management of the public 
treasury; and twelve for the plantations and all controversies respecting them. 

3S But it was said that it was not intended that any under the notion of liberty 
" shall allow themselves to avow atheism, irreligiousness, or to practice cursing, 
28 



218 GOVERNMENT UNDER THE NEW PROPRIETORS. 

The provisions for the defence of the province 'were so made 
as to meet the difference of opinions and views existing in the 
proprietary body, it being declared that among the present pro- 
prietors, "there were several who have no freedom to defend 
themselves with arms, and others who judge it their duty to de- 
fend themselves, wives and children, with arms." It was there- 
fore agreed that they should not force each other against their 
respective judgements and consciences, and that no man who should 
declare that he could not in conscience bear arms, should be re- 
quired to do so, or to provide another in his stead, and on the 
other hand, those who should judge it their duty to take up arms 
in the public defence, should have their liberty to do this, in a 
legal manner. The same tenderness was to be observed in legis- 
lation in providing for the defence of the province by the establish- 
ment of forts, castles, or other military works. So also, none of 
the inhabitants should be forced to contribute money for the pur- 
chase and use of arms contrary to their consciences ; whatever 
might be raised for these purposes should be paid by such as felt 
themselves free in the case, provided that those who opposed the 
bearing of arms should pay so much in other charges, as to make 
up their proportion of the general expense of the province. 

But to these concessions certain conditions were appended. The 
proprietors set forth, that they had been met "for good and 
weighty considerations, and as a further signification and expla- 
nation of our intentions therein," to declare, that this scheme of 
government and the privileges it granted were only to be allowed 
to those who should become planters and inhabitants in the pro- 
vince, after the arrival of Governor Lawrie, and not to those before 
settled; nevertheless, they might be granted to the former inhabi- 
tants and planters, upon compliance with certain conditions. The 
grants and patents by which these persons claimed to hold land, 
should first be viewed and examined by the Deputy Governor 
and the major part of the proprietors who should be present at 
the place appointed for such examination, and all legal titles should 



swearing, drunkenness, profaneness, whoring, adultery, murdering, or any kind 
of violences, or indulging themselves in stage plays, masks, revels, or such like 
abuses." 



GOVERNMENT UNDER THE NEW PROPRIETORS. 219 

be entered, and registered for confirmation, by the new proprie- 
tors. Full satisfaction should also be given for the arrearages of 
quit rent and for punctual payment in future, and the settlers 
should agree to a grant for the constant support of the government. 
If any should prove refractory in these particulars, they were to 
be treated accordingly; those who might justly claim to the former 
concessions, were to be ruled by them, and others were to be 
governed according to the full extent of the authority vested in the 
proprietors. 36 

But the projected government was not brought into action. 
The proprietors had directed the deputy to take care to let the 
people rightly understand the advantages it gave, and "as soon 
as possibly he can, order it to be passed in an Assembly, and set- 
tle the country accordingly." It is possible that the question 
might again have been started which had formerly arisen, as to 
the obligation of the settlers to submit to the several changes of 
government which the proprietary body might think proper to 
direct. But beside this, the "advantages" of the plan that was 
now presented, were not so clearly perceived, or so highly valued 
by the people, as they seem to have been by the framers them- 
selves. The concession respecting contributions or services for 
military purposes, however important in the view of a portion of 
the proprietors, were not highly considered by the colonists. 
The Quakers formed but a small proportion of the population of 
the province, and by others, these regulations would be but little 
esteemed, if not actually disliked. Nor was there much in the 
form of the government itself, to recommend it to especial favor. 7 

36 Grants and Concessions, p. 179. 
"Beside the provisions relating to military affairs,(and these, though just, would 
only he acceptable to a part of the settlers,) the principal advantage of the new 
scheme as compared with the former one, was the power it gave to the legisla- 
tive body over its own meetings. It is said by Whitehead, that the acceptance 
of the new government would have involved the destruction of a system already 
established and tried, and which in "all its general characteristics" was in ac- 
cordance with their wishes. But the people had not manifested full content 
with their government; the former concessions, with the "explanation," had 
been strongly objected to, as has been seen, yet still, it was probably supposed 
to be at least as advantageous as the one now offered. 



220 GOVERNMENT UNDER THE NEW PROPRIETORS. 

In consequence, the former supporters of government would be 
but little disposed to a change, and the opponents of government 
would not be conciliated. By providing for the continuance of 
two different systems or forms of government, either of which 
might be administered according to circumstances, the proprietors 
probably designed, that a way might be opened for a removal of 
the difficulties which had heretofore existed, particularly in re- 
ference to the titles to land. It may have been supposed that by 
such a procedure the whole of the settlers would be gradually 
brought into full acquiescence. But the opponents of the propri- 
etary regulations had never been compliant, and the advantages 
now presented were not such as would be likely to cause an 
alteration in their course. In fact, however, any constitution of 
government whatever, containing requisitions for the payment of 
rents, and a new determination of the titles of land, would then have 
been resisted by a portion of the settlers. The old leaven of opposi- 
tion which had heretofore been productive of so much disturbance, 
was yet in existence, and in active operation. A theory or claim 
which was strongly commended by interest, was adhered to with 
the greatest tenacity, and to all the demands of the existing au- 
thorities, an easy reply was given by exhibiting a title from the 
"Indian right." 

The opposition arising from this source was especially noticed 
by the proprietors. Soon after the departure of Lawrie for 
the province, a letter was written addressed "to the planters 
and inhabitants," in the name of Barclay, the Governor, and the 
other proprietors. 38 Its language was strong and explicit, " We 
are not a little troubled, it was said, to find that there are many 
dissatisfied and self-ended persons among you, who are seeking 
to subvert our just interest, that they may advance their own un- 
warrantable pretences. And it cannot but manifestly appear to 
all such that love the interest of the colony, that those that went 
about to propogate any pretence, to oppose or weaken our right 
and title, could not be esteemed friends, either to the proprietors, 
or to the true interest of their honest and well meaning neighbors 
in the country, since that was the way to expose the whole to be 

" Dated February 29th, 1683-4. 



GOVERNMENT UNDER THE NEW PROPRIETORS. 221 

a prey to others, as it formerly has been; but Ave hope by the 
assistance of God and the King's justice and favor toward us, so 
to prevent such practices in future, that all persons residing in the 
province, or in any way concerned therein, may rest in full assur- 
ance of being protected in their rights, and receive all due en- 
couragement from the proprietors. We find, it was further said, 
that you lay that stress upon your purchase from the Indians, 
that it will never bear, for we would have you informed that there- 
by you have acquired no right but what is duly confirmed by us, 
or our legal predecessors, unless you would renounce all interest 
and protection from the King of England, and subject your all to 
a just forfeiture." 

Whether the Deputy Governor supposed that the form of go- 
vernment devised by the proprietors, was not well suited to the 
province, and that the attempt to apply it would only be produc- 
tive of increased dissatisfaction, or whether he supposed that the 
opposition was yet too strong, and therefore awaited a more fitting 
opportunity, it would at any rate appear, that no attempts were 
made at the time, to cause the concessions to be adopted in the 
province. But the Deputy exerted himself for the furtherance of 
measures that were calculated to lessen or control the opposition 
that existed to the proprietary interests and claims. The new 
settlers in the province were mostly well affected toward the ex- 
isting authorities, and the Governor urged upon the proprietors 
that every encouragement should be given to immigration. By 
this means he supposed that such a change would be wrought as 
"would bring all the division that hath been here, to an end, for 
these men seeing that they are to be balanced, are already more 
compliant than they were." 

The proprietors were already disposed to favor the entrance 
and settlement of planters, and many efforts had been made to in- 
vite their attention to the province. 39 But beside the advantages 



39 Particular efforts were made to induce emigration from Scotland. For this 
purpose Governor Barclay and the other proprietors in Scotland exerted their 
influence, and the situation of affairs at the time disposed a number of persons 
to accede to the proposals that were made. Governor Lawrie expressed his 
satisfaction at their arrival in the province. At a subsequent period a publica- 



222 GOVERNMENT UNDER THE NEW PROPRIETORS. 

which were expected from the introduction of a new population, 
other expedients were resorted to. To obviate further difficulty 
from the purchase of lands from the Indians, a regulation was 
particularly renewed, forbidding- all purchases, except by per- 
mission from the authorities of the province, and the Deputy 
Governor was authorized to make requisitions upon the proprie- 
tors for the necessary funds. It was also thought proper that full 
and ample power should be given to "some persons upon the 
place," who might with greater freedom and clearness treat of, 
and conclude concerning the several matters that might there arise. 
Special instructions were therefore given on the 1st of August, 
1684, conveying power and authority to the Deputy Governor 
and several other persons who were named, and who were pro- 
prietors or proxies in the province, for the management of affairs 
in regard to several particulars. They were to "end and agree" 
all matters in debate between the proprietors and the former 
planters of the province and others, as to their pretences to land 
and the arrears of quit-rent; to approve and confirm such acts of 
the Assembly as it should be thought necessary to establish, be- 
fore confirmation could be made by the proprietors; provided 
however, that when the "Fundamental Constitutions" should be 
passed in Assembly, they were then to proceed according to them; 

tion was made at the instance of the proprietors, giving a fuller account of the 
province, and setting forth its advantages. This was written in 1685, by George 
Scot, of Pitlochie. He represented to his countrymen the advantages to be 
gained by a removal to America. "You see," he said, "that it is now judged 
the interest of the government altogether to suppress tbe Presbyterian principles, 
and that in order thereto, tbe whole force and bensill of the law of this kingdom 
are levelled at the effectual bearing them down, that the rigorous putting these 
laws in execution, hath in great part ruined many of those, who, notwithstand- 
ing thereof, find themselves obliged in conscience to retain those principles. I 
would gladly know what other rational medium can be proposed in their cir- 
cumstances than eithei to comply with the government by going what length 
is required by law in conforming, or to retreat where by laic a toleration is by 
his Majesty allowed, and such a retreat doth at present offer itself in America." 
He further set forth that "having for some time made it my work to consider all 
the coast of America, East Jersey, upon the River Hudson, is the place I find 
myself obliged to prefer to any other of the English Plantations." 

Scot's Model of Government given by Whitehead. 



GOVERNMENT UNDER TIIK NEW PROPRIETORS. Tl'.i 

they were also to direct the improvement of the town of Perth, 
and have the superintendence in other particulars. In conse- 
quence of information received by the proprietors, fuller instruc- 
tions were soon afterwards given to the commissioners just men- 
tioned. 4 " The Deputy Governor, with five of the persons before 
named, might exercise the powers that had been granted. They 
might terminate all controversies and differences with the men of 
Neversinks and Elizabethtown, or any other persons, concerning 
any "pretended titles or claims to land in the province," and it 
was expressly said that the proprietors "on this side" would not 
enter into any treaty with persons claiming by Colonel Nicholl's 
patent, or by patent received from the late Governor Carteret, as 
such a course would be an affront to the government of the pro- 
vince, and only tend to delay. The commissioners thus appointed 
became known as "the Board of Proprietors," and finally took 
the management of all a Hairs connected with the proprietary titles 
and claims. In regard to the authority of this board for the con- 
firmation of the laws of the province, some special reserva- 
tions were subsequently made by the proprietors in reference to 
the acts that had formerly been passed ; with other particulars, 
it was required, that the Court of Common Right, instead of 
being held at Elizabethtown, as provided by the Assembly, 
should, if it be possible, always be held at the town of Perth, 
and that all other necessary courts, as also the Assembly (when 
called,) should sit there, and that the Deputy Governor should 
reside at that place and convene his Council there. 41 But in 
regard to his residence, Governor Lawrie was not observant of 
the instructions that were given ; he continued to reside at Eliza- 
bethtown, as before, a circumstance that may have operated to 
create dissatisfaction. 12 



"By letter dated the 13th of November, 16S4. — Grants and Concessions, 
p. 202. 

41 The efforts of the government were particularly directed to the establish- 
ment of a town at that place. 

"Oddmixon and Wynne attribute the discontent that was afterwards mani- 
fested with Lawrie's administration, to the cause here mentioned. But there 
were others, that were probably considered of more importance. 

Whitehead, p. 108. 



224 GOVERNMENT UNDER THE NEW PROPRIETORS. 

At this period, the external relations of the province again be- 
came involved. The course of policy which the proprietors had 
prescribed was calculated to place the province in relations of 
amity and peace. That it was not productive of such a result, is 
not to be attributed to error in the mode of proceeding-, or in the 
conduct of the person who directed it. Governor Lawrie was 
earnest and sincere in his endeavours. He sought to fulfil his 
instructions to keep a good and friendly correspondence with the 
Governor and colony of New York, and was desirous to remove 
every thing that might prove an occasion of difficulty. At an 
early period he had visited the Governor of that colony, and the 
intercourse between them was marked by an appearance of friend- 
liness. The proprietors and Governor of New Jersey discouraged 
immigration to their province from New York, from an apprehen- 
sion, that though very desirable on other accounts, it might tend 
to give rise to suspicion and jealousy. But the authorities of 
New York were by no means so scrupulous. Dongan, who was 
then the Governor of that province, was a true successor of An- 
dross, as well in character as in place, except that he had duplicity 
and smoothness instead of boldness and arrogance. He was 
busy in endeavouring to influence the Duke of York to attach 
New Jersey to his own province. The proprietors of New Jersey 
at length became satisfied that the conciliating course they had 
taken, had not been met by a like return. Hence, three of their 
number, 43 (who it is probable had been appointed for the purpose) 
directed a letter to Governor Dongan in which they say, that they 
had expected to find in him a generous neighbour, both from the 
kindness which they supposed he entertained for them, and also 
from a regard to the honor of the Duke, his master, from whom 
their province had been received. They mentioned that they had 
seen the Duke's Commissioners in London, concerning the pro- 
posal which Dongan had made, to place their colony under the 
government of New York, and they doubted not that the Com- 
missioners were satisfied of the injustice of such a proceeding. 
They stated also that they had waited upon the Duke himself, 



Perth, McKensie, and Drummond. 



GOVERNMENT UNDER THE NEW PROPRIETORS. 225 

who had declared that he was far from intending to do any thing 
in opposition to what he had formerly granted. 

Governor Dongan replied to the proprietors, and endeavored 
to exculpate himself from the charge of having done any thing 
contrary to the good of the province, or the honor of his master. 
He was, he said, "mightily surprised" to find that he was ac- 
cused of doing any thing to the disadvantage of the province ; on 
the contrary, he had advised the settlers to what he considered the 
best, both for the proprietors and themselves. He had written to 
his Royal Highness and his Commisioners, as he was obliged to 
do, and had given his opinion as to what was for the interest of 
his province and had represented to them the great inconveniences 
of having two distinct governments in the same River, and 
especially as East Jersey had the advantage of being some leagues 
nearer the sea than New York. 41 But to show that he had done 
nothing amiss in representing "how convenient it would be to re- 
gain East Jersey;" he asserted that some of the proprietors them- 
selves were of the same opinion, and had told him so. And as 
an evidence of his own justice and leniency, he also mentioned 
that though under former Governors, vessels going to Amboy had 
entered at New York, that he had done nothing to prevent them 
from passing freely, and should not, without express orders from 
his Royal Highness. 43 

In a subsequent communication to the Secretary of the Duke, 
Governor Dongan suggests that "it would be well to look into the 
last patent of East Jersey, to see whether shipping be obliged, if 
they come into Sandy Hook, to make entry at New York." 
Under this specious mode of expression a desire is apparent, 
that some authority might be found or created, to arrest the trade 
to East Jersey, and divert it to New York. The desires of 
Dongan were soon to be gratified in part, though not in the man- 
ner he might have preferred. 

It has been seen that the proprietors of East Jersey had given 



44 Chalmers, p. 661. Whitehead, p. 214. 
15 It was a singular proof of favorable intentions that he had refrained from 
an outrage upon the rights of a neighboring colony. But as his predecessor had 
not refrained, the merit of comparative justice, at least, may be allowed. 
29 



226 GOVERNMENT UNDER THE NEW PROPRIETORS. 

directions to Governor Lawrie for the observance of the acts of 
navigation, and that nothing should be done in opposition thereto. 
In obedience to this direction, an oflicer was admitted into the 
province as Collector of the Customs. This oflicer was William 
Dyre, the same person who had formerly been appointed to a 
similar service under the authority of the Duke of York. 46 No 
obstruction was offered to his entering upon the business of his 
office. But his authority was exercised in a manner that inflicted 
an additional injury upon the province, beside that which resulted 
from the nature of the laws under which he was acting. Orders 
were given that vessels belonging to East Jersey should be en- 
tered at New York, and that the duties on their cargoes should be 
paid to the Collector at that place. These regulations were ex- 
tremely inconvenient and injurious, and excited much dissatisfac- 
tion. Dyre, who was more desirous to ensure his authority, than 
to exercise it aright, transmitted complaints to the Commissioners 
of Customs, that resistance was made to his authority; he stated 
that when he attempted to prosecute vessels for avoiding the 
laws, the juries gave verdicts against him, contrary to obvious 
facts ; and that he was thus prevented from enforcing the payment 
of dues. His statements and complaints, without any explana- 
tion of circumstances, were laid before the Ministers. A pretext 
was thus afforded for a more active prosecution of schemes, which 
had already been considered, and perhaps resolved upon. 

The representations of Dongan and others, had not passed un- 
heeded, and an union, with a general subjection of the colonies, 
was in contemplation. Positive assurances had been given by 
the Duke of York to the proprietors of East Jersey, that he would 
do nothing that should be contrary to his previous engagements ; 
but his Royal Highness was now in a situation in which he 
seems to have conceived that he was free from all obligations on 
account of his former agreements. On the death of King Charles, 
which occurred in February, 1685, James, the Duke of York had 



46 He had been appointed by the Commissioners of Customs, to be Collector 
both for Pennsylvania and New Jersey, receiving bis commission on the 4th of 
January, 1682. He entered upon office in East Jersey in April, 1685. 

Whitehead, p. 109. 



GOVERNMENT UNDER THE NEW PROPRIETORS. 227 

been raised to the throne, and in his high elevation as King, the 
grants and engagements he had made in a lower situation, were 
but little regarded. Three different times had he granted to the 
proprietors of East Jersey all the rights of ownership and govern- 
ment which he himself had possessed, and the grants had been 
made in as full and forcible a manner as the most studied forms 
of expression would allow, and they had also been confirmed in 
a formal manner, by the King, his predecessor. But it was found 
or asserted that there was not a perfect acquiescence on the part 
of some of the colonists in a demand for customs ; a demand which 
was unjust in itself, and which was also unjust in the mode of its 
enforcement; yet the want of compliance was made an offence, 
and if the course that was resolved upon was lacking in justice, 
there was that which might serve in its stead. The King had power. 

In April, 1686, the Attorney General was directed to issue a 
writ of Quo Warranto against the proprietors. The reason 
for such a procedure was stated to be "the great prejudice in the 
plantations and the customs here, if such abuses should be any 
longer suffered, in a country which ought to be more dependent 
on his Majesty." 

During the pendency of these proceedings, the General Assem- 
bly of the province was convened, being the first since the coming 
of Governor Lawrie. Agreeably to the orders of the proprietors, 
the Assembly met at Amboy Perth, in the county of Middlesex, 
on the 6th of April, 1686. Several enactments were made, but 
relating entirely to the internal affairs of the province. The 
compensation of the members of the Assembly w r as settled. 47 
The place of holding the Courts of Common Right was changed 
in accordance with the orders of the proprietors, from Elizabeth- 
town to Perth Amboy. The prevailing spirit in the proprietary 
body was yielded to in an enactment which provided, that persons 
summoned as jurors, and who were scrupulous of taking an oath, 



11 By the former Assembly the compensation was settled at four shillings a 
day, it was now reduced to three shillings, the Assembly "being desirous to 
ease the charges of the country in paving great salaries." The payment might 
be made in money, pork or corn, equivalent, a reasonable allowance being made 
for the time expended in going and coming. 



228 GOVERNMENT UNDER THE NEW PROPRIETORS. 

should be received, upon taking an "engagement" according to a 
form prescribed. Under the same influence a law was passed 
prohibiting the wearing of arms, or sending a challenge to any 
person to fight, and the person who should receive such challenge 
and not discover it to the Governor, or some public officer, should 
forfeit the sum of ten pounds. At an adjourned session held in 
October of the same year, acts were passed regulating the times 
and places of holding the county courts; and another determining 
the fees of public officers, it being said that "the inhabitants had 
sustained a great burden by reason of unlawful fees." 

At this period a change was made in the administration of 
government. The proprietors had not derived the expected ad- 
vantages from their connexion with the province; the quit rents 
had been but reluctantly and tardily paid, and in many instances 
had remained unpaid, and the government that had been devised 
and recommended, had not been accepted by the people. It may 
be that these failures were considered as attributable in some de- 
gree, to a want of interest or energy in the Deputy Governor, in 
the discharge of his duties. 4S Such a view, however, can hardly 
be considered as just. Lawrie had probably exercised his office 
according to his best discretion, and with a sincere desire to pro- 
mote the prosperity and welfare of the province. But his situa- 
tion had been one of no little difficulty; dissensions had continued 
to exist, particularly in relation to the titles of land; and the 
multiplication of claims seemed only to increase the confusion. 
Some of the regulations of the proprietors too, though properly 
designed, were hardly capable of being carried into practice. It 
must be admitted, however, that in certain cases, Lawrie proceeded 
rather according to his own judgement, than in compliance with 
the instructions that had been given him, a course which, whether 
profitable or not, may not have been the best to give satisfaction. 
Besides this, he had fallen into the same error as his predecessor 
Rudyard, in taking up lands in a manner which, if not forbidden 



48 It has been suggested by some writers that the interest of Lawrie in West 
Jersey had rendered him less attentive to the discharges of his duties in the 
other province. For this, however, there seems little foundation. 

Oldmixon and Wynne. 






GOVERNMENT UNDER THE NEW PROPRIETORS. 229 

by any regulation, was yet supposed to be injurious to the general 
proprietary interest. 4 ' These several reasons led to a new ap- 
pointment. In the selection of a successor, there is reason to 
believe that Governor Barclay and some of his associates, were 
governed rather by the character and views of the colonists, than 
by their own particular preferences. A considerable number of 
Scottish emigrants were now in the province ; they were mostly 
a quiet and industrious people, and the increase of such a popula- 
tion was to be in every way encouraged, and the appointment of 
one of their own countrymen as Deputy Governor might further 
the object in view. The religious opinions of the colonists were 
also to be considered. Quakerism had never taken a deep root 
in the province ; a large proportion both of the old and of the 
new settlers were of other persuasions. The settlers from New 
England retained their Puritan faith, and most of the Scotch were 
adherents to their own Kirk. The new Deputy who was ap- 
pointed on the 4th of June, 1686, was a Scottish Lord, and a 
stanch Presbyterian. This was Lord Neill Campbell, a brother 
of the Duke of Argyle. The two brothers had been concerned 
in transactions in their own country, which, however they may 
be considered in view of their objects, were still such as to subject 
the actors to punishment as public offenders. 50 Lord Campbell 

43 Rudyard and Lavvrie had taken up lands which were supposed to be of 
especial value, and with a particular regard to their own advantage. Hence, in 
16S5, instructions were given that "wherever there is an extraordinary choice 
spot of land, so esteemed by the Surveyor General, or any two of the Commis- 
sioners, either for the excellency of soil or advantage in situation, it shall be 
reserved for the joint interest of all the proprietors, and cast in equal division, 
or if it be such as for the smallness of it, or any other reason, cannot be so or- 
dered, it shall not be meddled with until the plurality of the proprietors are 
advised thereof, that by them it may be determined whether after a value be put 
upon it as one acre, esteemed with four or more, it shall go to such as will allow 
most to the rest for it; or where they will not do so after the value set, it shall 
be determined by lot, as this should have been done in the notable case of 
Changoroza, by Gawen Lawrie and Thomas Rudyard, so it is hereby declared 
by the Governor and proprietors, that they will not let that land there which 
they have taken to themselves, and caused to be set out to them, go otherwise. 

Grants and Concessions, p. 212. 

10 The Earl of Argyle entered Scotland in 16.S5, for the avowed purpose of 



230 GOVERNMENT UNDER THE NEW PROPRIETORS. 

apprehending the necessity of leaving his country, had purchased 
a portion of a proprietary right in East Jersey, which had been held 
by Viscount Tarbet, and sent over a large number of settlers. He 
was appointed to serve as Deputy Governor for two years, and 
directly departed for the province. 

Whatever may have been the aims of the proprietors in the 
appointment of Campbell, it seems clear that the principal object 
with him in coming to the country, was to secure a retirement 
from the difficulties and dangers in which he had been previously 
involved. Hence he only remained until such an alteration oc- 
curred as was supposed to admit of his safe return. The only 
official act of his upon record is the confirmation of the laws 
which had been passed by the late Assembly. 51 On the 10th of 
December he surrendered his office, and not long afterwards de- 
parted from the country, stating that "by the urgent necessity of 
some weighty affairs, he was about to take a voyage to Britain." 
Whether his commission allowed him the same privilege that 
had been given to Lawrie, that "in case of urgent necessity" he 
might appoint a deputy under him, is not determined, but this 
privilege was used. He placed Andrew Hamilton, a Scotchman 
who had lately arrived in the country, in office as his substi- 
tute. The commission of Hamilton was published in March, 
1687, and he entered at once upon the duties of his place. 

On the 14th of May of the following year, the General Assembly 
convened. At this session several laws were enacted, by one of 
these the county of Middlesex was divided into two counties, one 
retaining the former name, the other to be called the county 
of Somerset. An act Avas also passed "for a tax to withstand in- 
vasion." It directed that a tax should be levied of a penny in the 
pound on all estates, and ten pence per head on all males over 



avenging the wrongs of countrymen, but the undertaking terminated in failure 
and the death of the Duke. Whether there was any sympathy with Arglye 
and his brother, among the proprietors of East Jersey, is unknown, hut one of 
the principal of them, the Earl of Perth, had been an active opposer of Arglye's 
proceedings. This circumstance renders it probable that the appointment of 
Campbell was made merely with a view to the supposed interests of the province. 
M Grants and Concessions, p. 301. 



GOVERNMENT UNDER THE NEW PROPRIETORS. 231 

sixteen years of age. The amount thus raised was to be held 
subject to the directions of the Governor of New York, who had 
been authorized by the King, in case of an invasion by the French, 
to call upon the neighboring provinces for aid and assistance. 

During this period, the writ of Quo Warranto that had been 
issued by orders from the King continued to hang over the pro- 
vince. The proprietors exerted themselves to avert the danger. 
They presented a remonstrance to the King, in which they re- 
minded him, that the province had not been conferred upon them 
as a favor, but had been acquired by the expenditure of a large 
sum ; that they had received a confirmation of their title and assur- 
ances of protection from himself, as well as from his late Majesty 
King Charles II, and that relying upon these they had sent thither 
several hundreds of people. But they were desirous to avoid a 
controversy with his Majesty, and were willing to correct what- 
ever might be found amiss in the conduct of affairs, and hence 
they proposed that the same taxes which were levied in New 
York, should be raised in their own province by act of Assembly. 
They besought that if a change in the administration of the pro- 
vince should be resolved upon, that the King himself would ap- 
point a Governor out of their own body, who might have charge 
both of East and of West New Jersey as one jurisdiction. 32 They 
also asked that an appeal from the courts of the province should 
be had to England only; and in order that no further difficulty 
might arise in the enforcement of the navigation acts, they sug- 
gested, that an officer might be appointed to collect the customs at 
Perth Amboy, so that a port might be fully established in the 
province for entering and clearing vessels without molestation. 
In the last mentioned particular only was the application of the 
proprietors at all successful. In August, 1687, a direction was 
transmitted to the Governor of New York, instructing him to per- 



B W est New Jersey does not seem to have been involved in the Quo War- 
ranto process. Yet it was included with the other province in the provision for 
the collection of customs, and therefore could hardly fail to share the same fate 
with it; this, together with the interest which many of the proprietors of East 
Jersey had on the western portion, may be supposed to have led to the proposal 
above mentioned. See note in Whitehead, p. 113. 



232 GOVERNMENT UNDER THE NEW PROPRIETORS. 

mit vessels to pass to Amboy without interruption, and a Collector 
for that place was appointed. But in this particular concession, 
it was not intended to give any favorable assurance in regard to 
the general course of proceeding; it was rather designed to secure 
an increase of revenue. 

The King was not to be moved from his main design. The 
time had arrived when the true value of Royal engagements was 
to be fully exhibited. The charters of most of the New England 
colonies which had formerly been granted with all the formalities 
of the most binding agreements, were now to be annulled. The 
hand of unscrupulous authority was to sweep the land "from St. 
Croix to Maryland." The country must be "more dependent 
upon his Majesty." Andross, the former convenient instrument of 
arbitrary power, was commissioned anew and despatched to New 
England with authority to assume the entire direction of affairs. 
Massachusetts had been forced to yield, and the governments of 
Rhode Island and Connecticut were dissolved, and the work of 
destruction was still advancing. It was hardly to be expected 
that the petition of the proprietors of East New Jersey, although 
they had received their grant from James himself, would now be 
respected. The final reply to their application declared, that 
the King had determined to unite the Jerseys with New York 
and New England under one government, to be administered by 
Andross. 53 Finding that no hope could be entertained of preserv- 
ing their rights, the proprietors finally resolved to surrender the 
government, in order to avoid a fruitless and irritating contest. 
This was done upon the condition that the ownership of the soil 
should continue undisturbed, and thus the property of the province 
be retained as before. The terms were accepted by the King, 
and in consequence, the proceedings under the Quo Warranto 
were suspended. West New Jersey acceded to this arrangement. 
The surrender of the government of both provinces was made 
in April, 1688. 

A new and enlarged commission was issued to Andross, annex- 
ing to his government both New Jersey and New York. Francis 



M Grahame, vol. 2, p. 2 ( J9. 



GOVERNMENT UNDER THE NEW PROPRIETORS. 233 

Nicholson was appointed his Lieutenant. Not long after the 
reception of his commission, Andross arrived in New York and 
received the government from Dongan, the former Governor, and 
presently afterwards paid a visit both to East and West New 
Jersey/ 4 

In the present situation of the country there was but little oc- 
casion for the exercise of power, and it may lie that on his new 
and more extended theatre of action, Andross was less ambitious 
of particular display; he at any rate, exhibited at this time a degree 
of moderation that had not been witnessed in his previous course. 
He continued most of the officers of the province in their places, 
and made but little alteration in the conduct of business. This 
forbearance indeed was in no wise greater than the state of affairs 
demanded ; as yet the agreement between the proprietors and the 
King had not been brought to completion. The yielding up of 
the government was connected with a condition, that assurance 
should be given of the right to the soil, and until this should be 
done, the proprietors might claim that rightful authority was 
still in their hands. The stipulated confirmation was not made 
by the King, and the period quickly arrived in which, if an in- 
tention to fulfil his engagements existed, the power was finally 
and forever lost. In the revolution which occurred soon after- 
wards, James the Second was driven from his throne, and ever 
afterwards continued in exile. 



M In a letter from New York, dated October 4th, 1688, Andross states that 

he arrived on the 11th of August, and that his Majesty's letters patent being 

published, he immediately received that place, and East New Jersey on the 15th, 

and West New Jersey on the 18th following. See note in Wliitehead, p. 112. 

30 



CHAPTER XIII. 



WEST NEW JERSEY. GOVERNMENT AFTER THE RELEASE OF THE 

DUKE OF YORK. CONDITIONAL SURRENDER OF GOVERNMENT. 



The release of West New Jersey by the Duke of York, and the 
manner in which the conveyance was made, have already been 
noticed. It would seem somewhat extraordinary that notM'itlistand- 
ing the opposition that had been made to the pretensions and claims 
of the Duke, that the grant which was executed by him was after- 
wards taken, in part, as the foundation of government. But the 
conveyance of authority to Byllinge had given to that individual a 
semblance of right, which there is reason to believe he was unwill- 
ing to resign, and which the proprietors were then reluctant to con- 
test. But a course was pursued which was calculated to secure to 
the people the rights and privileges which they had formerly en- 
joyed. The first step was the election of Byllinge by the proprietors, 
to be Governor of the province. 1 The particular conditions of his 



1 The election of Byllinge as Governor could only have been made in de- 
ference to his claim to authority under the grant from the Duke, unless some 
■new conditions had been made, and none such appear. The former conces- 
sions provided for no such office as Governor. There was an apparent design 
to effect an union of different plans by conceding, to an extent, the pretensions 
of Byllinge, and yet preserving the rights of the settlers. An election was not 
a direct denial of the claim to superior authority, yet it implied that a right of 
choice existed in the party electing. It is singular that no apprehension in re- 
gard to the effect oi the giant to Byllinge was expressed at the time; Samuel 
Jenings wrote, that he had received an account of a new grant obtained, where- 
in the customs were taken nil', a lite pent confirmed, and the government settled 
,>n Edward Byllinge, "which I doubt not will be verj acceptable to every 
honest man." (Smith's New Jersey, p. 125.) But although the release from 
customs was a most important advantage obtained by the province, the trrant 
in relation to government was somewhat doubtful, and did not prove in the end 
to be entirely "acceptable." 



GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 235 

election are no where given ; but he presently proceeded to the 
appointment of a deputy. This office was given to Samuel Jen- 
ings, a man of some distinction already in the province. At an 
early period the Deputy Governor summoned an Assembly, 
which met at Burlington on the 21st of November, 1681, being 
the first Assembly that convened in West New Jersey. 2 The 
body entered at once upon the consideration of the state of affairs 
and adopted such measures as the altered condition of things ap- 
peared to demand; reasserting the rights that had formerly been 
held, and laying down positive limitations upon the action of the 
new authorities. A deep sense of the importance of their work 
appears to have been felt by the members. "Forasmuch," they 
say, "as it hath pleased God to bring us into this province of 
West New Jersey, and settle us here in safety, that we may be 
a people to the praise and honor of his name who hath so dealt 
with us, and for the good and welfare of our posterity to come: 
We the Governor and Proprietors, freeholders and inhabitants of 
West New Jersey, by mutual consent and agreement, for the 
prevention of innovation and oppression either upon us or our 
posterity, and for the preservation of the peace and tranquility of 
the same, and that all may be encouraged to go on cheerfully in 
their several places; do make and constitute these our agreements, 
to be as fundamentals to us and our posterity, to he held inviola- 
ble, and that no person or persons whatever, shall or may make 
void or disannul the same, upon any pretence whatever." 

It was provided that there should be a General Free Assem- 
bly, yearly and every year, to be chosen by the free people 
of the province, to consider of the affairs of the province, and to 
make and ordain such acts and laws as might be required, and 
the Governor, with the consent of his Council, might, if neces- 
sary, convene the Assembly at intermediate times. 3 That the 
General Free Assembly chosen as aforesaid should not be pro- 



5 The number of the members in this Assembly is not determined. 
3 The Council was a feature of government now tirst introduced. Under the 
former concessions the executive authority was wholly in the body called Com- 
missioners. This latter body however was still continued, but with restricted 
duties and powers. 



23G GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 

rogued or dissolved before the expiration of one whole year (from 
the day of their election) without their own consent. That all 
oilicers of state or trust should be nominated and elected by the 
General Assembly for the time being, or by their appointment, 
and that such officers should be accountable to the General As- 
sembly, or to such as they should appoint. That no Assembly 
should give to the Governor for the time being, or his heirs or 
successors, any tax or custom for a longer time than one year. 
That liberty of conscience in matters of faith and worship towards 
God should be granted to all people within the province, who 
should live peaceably and quietly therein, and no one should be 
rendered incapable of office on account of faith and worship. 

In reference to the Governor and Council, it was provided, that 
the Governor should not suspend or defer the signing and con- 
firming of such laws as were passed by the General Assembly. 
That it should not be lawful for the Governor, or his heirs and 
successors, and Council, at any time to make and enact any law 
or laws for the province without the consent of the Assembly, 
and that if they or any of them, should attempt to make such laws 
without the assent of the Assembly, they should, upon legal con- 
viction, be deemed and taken to be enemies to the people of the 
province. That it should not be lawful for the Governor, his 
heirs and successors, and Council, or any of them, to make or 
raise war, or raise any military forces, or to levy sums of money, 
or impose any tax whatsoever, without the consent of the Assem- 
bly, neither should they (without such consent) send embassadors, 
or make treaties, or enter into any alliances on the public account. 

These provisions were in the nature of primary or fundamental 
articles, which were to form the foundation of government. It 
was farther provided and agreed, that upon the acceptance of these 
articles by Samuel Jenings, the General Assembly, proprietors 
and freeholders of the province would accept him as Deputy 
Governor. The conditions were agreed to by Jenings, he put- 
tins his hand and seal to the articles, and they were also sub- 
scribed by Thomas Olive, Speaker, by the order, and in the name 
of the General Assembly of the province. 4 

1 Grants and Concessions, p. 423. 



GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 237 

The government being thus established, the Assembly pro- 
ceeded at once to make other enactments. Most of the provisions 
in relation to the rights of individuals, in respect both to person 
and property, which were contained in the former concessions, 
were adopted anew, and put into force. 5 Regulations were also 
made prescribing the duties of the several officers. The Governor 
and Commissioners (in the same manner as the Commissioners 
alone, under the former concessions) were empowered to determine 
the rates and fees of the Public Register, Surveyor, and other 
officers of the province. 6 They were also to see that all courts 
established, or to be established, by the Assembly of the province, 
should execute their duties according to the laws; and to displace 
or punish offenders. They might suspend the execution of sen- 
tence passed upon any person, by any judge, justice or court, 
until the whole proceedings should be presented to the next 
Assembly, which Assembly, with the Governor, might grant a 
pardon, or command execution of the sentence. The Governor 
and Commissioners were also to superintend the divisions, sale 
and conveyance of lands, and to have charge of the execution of 
the laws relating to the estates of decedents, and the care of 
orphans, which laws were full and precise. 

No additional regulations of importance were made in relation 
to the action of the Legislative Assembly, but the compensation 
of the members was determined anew. They were to receive 
two shillings for each and every day they should serve, this sum 
being paid, (as before) by the respective divisions in which they 
were chosen. To defray the public debts and other charges of 
the province, it was ordered, that the sum of two hundred pounds 
should be levied, to be paid in "coin or skins or money," and 
two persons were chosen as Receivers General, with authority to 
appoint their subordinates. 7 Of this sum twenty pounds was to 

5 In a few particulars new provisions were made, but none that altered the 
spirit of the laws. 

6 The fees of all judicial officers were formerly determined by the Assembly, 
and no change in this respect appears to have been made. 

1 The sum above mentioned was to be equallv levied and proportioned upon 
the several tenths, twenty pounds upon each and every tenth; and every man 
to be assessed according to his estate real or personal, and all handicrafts, mcr- 



238 GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 

be given to the Governor, and five pounds (as a gratuity for his 
services) to the Speaker of the Assembly. 

It was determined that the town of Burlington should be the 
chief town or head of the province, at which place the provincial 
courts, and the General Assembly, were to hold their sittings. 

A body of Commissions was also nominated and cbosen con- 
sisting, besides the Governor, of eight individuals. 8 After a ses- 
sion of seven days the Assembly adjourned to the first day of the 
second month, called April, 1682. 

During this period another division or "tenth" had been taken 
up and occupied; this division, by reason that the first settlers 
had emigrated from Ireland, was called the "Irish Tenth ;" it was 
reckoned the third in numerical order, and extended from the 
Pensaukin to Timber Creek. 9 At the time appointed for the 
meeting of the Assembly, the house not being full, adjourned to 
the 14th, at which time another meeting took place; no business 
however was transacted, and the members agreed to dissolve 
the House, which was accordingly done. But directly afterwards 
a new Assembly was called which met on the 2d of May of the 
same year. The names of the Representatives who had been 
elected and chosen by the people within their respective tenths, 
were then returned by the Sheriff' according to appointment. 10 
Thirty-four members attended, and the house was organized by 
the appointment of Thomas Olive as Speaker. By this Assembly 



chants, and others to be assessed at the discretion of /he Assessors. All persons 
who should neglect or refuse to bring in to the officers, the sum taxed upon 
them, by a specified time, should he lined at the judgment and discretion of the 
Commissioners, not exceeding forty shillings. This latter provision was an- 
nulled by the next Assembly. 

8 An important part of the business of the Commissioners was the direction 
of measures for the settling and regulation of lands, and they immediately 
adopted a number of rides or "methods." Grants and Concessions, p. 435. 
9 See Sharp's account in Mickle's Reminiscences, p. 48. 

10 The choice of a "Sheriff" is not noticed in the proceedings of the previous 
Assembly, and as no jurisdictions or counties had yet been erected, the 
peculiar sphere for such an officer, according to common usage, would seem to 
have been wanting. It is doubtful what was the precise extent of the action of 
this officer, at the time. 






GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 239 

the comparative advantages of general and district elections were 
considered a question that has frequently been agitated in latter 
times. Hitherto elections had been held within the respective 
tenths, but the members had been chosen from all the divisions 
without discrimination. But the Assembly now resolved that "it 
was their judgment and the judgment of the respective people 
by whom they were chosen, that the most regular way for pre- 
serving liberty and property by a lawful Free Assembly is, that 
each ten proprieties choose their ten Representatives where they 
are peopled ; and that as the proprieties are, or shall be peopled, 
they have the liberty of choosing for each ten proprieties, so peo- 
pled, ten Representatives." The House resolved that twenty- 
four members, the Speaker being one, should make a quorum for 
the transaction of business. 

For greater convenience in the transaction of public affairs, the 
province was divided into two districts or jurisdictions, in each of 
which courts were to be established and regularly held. Four 
Courts of Sessions were to be held yearly; in one of the districts 
at the town of Burlington, and in the other, at the town of Salem. 11 
Smaller courts might be called oftener if need should require, to 
be called by the Justices; but if a special court should be called, 
the party requiring it should pay for every Justice sitting at the 

11 From the fact that members from Salem were in this Assemhly, and that 
provisions were made by the Assembly including that portion of country, it is 
apparent that the relations formerly existing between Fcnwick and the gene- 
ral body of proprietors, had become changed. The independent position of the 
former must have been wholly or partly relinquished. But in reference to this 
particular, there is a lack in the history of West Jersey which the author is 
entirely unable to supply. In what manner the difficulties which had hereto- 
fore existed between Fenwick and his lessees, were concluded, if concluded at 
all, is uncertain, but the country in dispute continued to be known as "Fen- 
wick's Tenth." It is stated however (Johnson's Sahm,^. 26,) that on the first 
of March, 1682, Fenwick conveyed a moiety of his proprietary to Governor 
Perm, of Pennsylvania, excepting and reserving therefrom to himself, his heirs 
and assigns, all that tract of country which was called Fenwick's colony, con- 
taining as was supposed 150,000 acres. Whether this was intended as a basis 
of a general arrangement, in which Fenwick was to be allowed to retain the 
land here reserved, and relinquish all claims to the remainder, is unknown, but 
it would seem not improbable. 



240 GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 

time, three shillings a piece, and to the other officers of the court 
according to their ordinary fees, or more for extraordinary services. 

The Council, consisting of ten persons of the province, were 
nominated, and chosen, together with the Commissioners, and the 
officers of the respective jurisdictions; nine Justices were ap- 
pointed for the jurisdiction of Burlington, and four for the juris- 
diction of Salem. Sheriffs were chosen for each, and also a Clerk 
and Recorder, and Constables were appointed for three of the 
tenths, none being chosen for Salem.' 2 It was resolved and en- 
acted that the next General Assembly should meet on the 12th 
of the third month, called May, and so yearly. After a session of 
four days during which several other enactments of minor im- 
portance were passed, the House adjourned to the 4th of Novem- 
ber next, "unless there be necessary occasion to meet sooner." 

The "necessary occasion" was supposed to arise, and the 
Governor, by the advice of his Council, summoned the Assembly 
to appear on the 26th of September of the same year. Twenty- 
eight members were present at the time appointed. It was then 
enacted that the election of Representatives should take place 
within the respective tenths on the 14th day of the second month 
and so yearly, at such time and place as should be most con- 
venient. An enactment was also made providing for the settle- 
ment of certain suits in a kind of Court of Arbitration, in all 
accounts of debts, of slander, and all accounts whatsoever between 
neighbors, not exceeding twenty shillings, the arbitration of two 
indifferent persons of the neighborhood, should be tendered by a 
Justice of the Peace, who should have power to summon the 
parties before him, before the matter should be taken to a court, 
and if both or either of the parties should refuse to stand to arbi- 
tration, then the Justice might issue his warrant for the trial of 
the case at the court next ensuing. 13 The present session con- 

13 Under the former concessions Justices and Constables were to be chosen 
by the people. 

13 In the Convention that formed the present Constitution of the State of New 
Jersey, a motion was made by Mr. Jacques, one of the members, for provision to 
institute a court similar in some respects to the one here established; it was to be 
called " A Court of Reconciliation." The proposition was urged with some 
earnestness, but was not finally adopted. Mi miles of the Convention. 



GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 241 

tinned tico days, and the House was then adjourned to the 1st 
day of the third month, 1683. 14 

The next meeting- of the Assembly was one of importance. It 
commenced according to adjournment on the 2d of the third 
month, 1683. Thirty-seven members were in attendance; ten 
from the first tenth, and the same number from the second and 
from the Salem tenths, each, 15 and seven from the third tenth. 
Thomas Olive was again chosen as Speaker of the House. 

At the beginning of the sitting some enactments were made re- 
lating to the action of the government, or its respective branches. 

It was enacted that the Governor, or his successors, should have 
no power to require the attendance of the Assembly, or any of its 
members, (when sitting,) at any place, without the assent of the 
House. That for the despatch of business, the Governor and 
Council should have the preparing of bills for laws, which should 
be promulgated twenty days- before the meeting of the Assemblv. 
That the Governor, Council and Assembly should constitute the 
General Assembly, which Assembly should have the affirmative 
and negative of all bills prepared by the Governor and Council, 
and that such bills should be openly read by the Clerk, and the 
intent thereof be explained by the Governor, and then decided by 
yeas and nays ; and that in the case of exceptions and amend- 
ments, the Governor and Council and Assembly should determine 
by a plurality of votes, the Governor having a double vote. All 
officers were to be chosen on the first day of the session. It was 
also provided that the Governor and Council should have the 
government of the State according to the laws, during the recess 
of the General Assembly. 16 Several other enactments were made 

14 An act was passed at this session for "the encouragement of learning and 
the better education of youth." It provided that the Island of Matininuck (late 
in the possession of Robert Stacy,) should be given, and thenceforth to remain 
forever after, to and for the use of the town of Burlington, and to others con- 
cerned therein, within the first and second tenths, the rents and profits thereof 
to be employed for the maintaining a school for the education of youth within 
the said town, and within the first and second tenths. (Grants anil Concessions, 
p. 455.) It is believed that tins property is still appropriated to the purposes 
here directed. 

15 John Fenwick was one of the Representatives. 

15 Grants and Concessions, p. 466. The chief administrative authority which, 

31 



242 GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 

regulating the purchase and settlement of lands, and other particu- 
lars. But the attention of the Assembly was especially directed 
toward a subject more general in character, and of higher impor- 
tance and interest. 

Although the change that had occurred in the form of the go- 
vernment subsequent to the grant from the Duke of York, had 
been acquiesced in by the proprietors and the people, upon cer- 
tain conditions, it still became a source of no little disquietude. 
Formerly the government of the province had been held by the 
proprietors, freeholders and inhabitants, but now it had passed, in 
theory at least, into the hands of Byllinge, and authority was ex- 
ercised by a Deputy appointed by him. The principal indeed 
had been chosen as Governor, and the Deputy had been obliged to 
conform to the conditions and terms that had been made; and thus 
the actual government came to be sufficiently liberal in action and 
character. But still the question of right was not fully determined. 
With whom the right and the power of government actually lay, 
was a matter that was much and warmly discussed. Reports 
were "industriously spread," and "doubts started" calculated to 
prejudice the rights and claims of the colonists. 17 At this time 
too, it is asserted, the Governor, Byllinge, resolved upon the 
removal of Jenings from his post as Deputy; a measure which 
was probably intended by Byllinge as a practical assertion of in- 
dependent authority, and also, it may be, to mark his dissatisfac- 
tion with the course of the Deputy in his ready agreement to the 
wishes of the people. The proprietors in England, or some of 
them, appear to have agreed in their views, with the people of the 
province, and William Penn advised to a course of proceeding, 
on the present occasion, which directly tended to defeat the in- 
tentions of Byllinge. He recommended that Jenings should be 
confirmed in his office by the choice of the Assembly. 18 This 
recommendation, besides its bearing in reference to the claims of 
the Governor, was acceptable in the province on other accounts ; 
Jenings had given satisfaction to the people and they desired his 
continuance in office. 

under the former concessions, belonged to the Commissioners, was here expressly 
given to the Governor and Council. 
" Smith's New Jersey, p. 163. '" Gordon's New Jersey, p. 43. Smith, p. 155. 



GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 243 

The Assembly now met, entered upon the consideration of these 
important particulars, and did not cease until a lull determination 
had been made. Their proceedings are recorded as "the re- 
solves of the freeholders of this province in Free Assembly met 
on the 14th day of the third month, 1683." They resolved that 
the land and government of West Neiv Jersey were purchased 
together. That Edward Byllinge and his trustees were still 
obliged to make good their former contract and covenant in which 
they had granted both property and power. 19 That the conces- 
sions agreed upon by the proprietors and people and subscribed 
in. London and in the province, were still the fundamentals and 
ground of government. 20 That the General Assembly would 
stand by, and to, these concessions, (but reserving the liberty and 
privilege of making such variations as from time to time should 
seem meet for the public good.) That an instrument should be 
drawn up, and sent, by order of the Assembly, to some trusty 
Friends in London, for Edward Byllinge to sign and seal, where- 
by he might confirm his first bargain and sale, in which both land 
and government were granted. That upon such confirmation by 
him the Assembly would manifest their satisfaction, and if the 
said Byllinge should come to the province himself, they would 
testify their acceptance and acknowledgements for his care and 
diligence in the premises. That the expedient proposed by Go- 
vernor Penn for the election of Samuel Jenings as Governor, was 
satisfactory, and that after, and in addition to such election, if 
Samuel Jenings should promise to act in his office with fidelity 
and diligence according to the laws, concessions and constitutions 
of the province, sufficient security would be given to the people. 
In addition to the difficulties respecting government, some un- 
easiness had also arisen in relation to the titles to land. The 
original deeds from Byllinge and his trustees had contained a 
condition that the sellers, within seven years from the date, should 



"This resolve was a direct and distinct denial of the claims of Byllinge un- 
der the grant of the Duke of York. 

20 John Fenwick made an exception to this resolve, alleging that at the time 
the concessions were subscribed to, his tenth was under different circumstances, 
yri noti' he freely assented thereto. 



244 GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 

make further assurance of the premises, to the purchasers. Hence 
the Assembly resolved that these sellers were bound to give the 
further assurance within the specified time, according to their 
contract and covenant. It was further resolved, that " forasmuch 
as the end of all governments is the good of the governed, and 
that in the Constitution of this colony there are some expressions 
and passages too strict, and which are found by experience, not 
to be so practicable or profitable," the Assembly might make 
from time to time such changes and alterations as they should 
seem meet; six parts of seven of the Assembly assenting thereto; 
only that the law of liberty of conscience, the law of property, 
the law of yearly Assembly, the law of juries, and of evidence, 
should not be changed.' 1 The Assembly directly proceeded to 
carry out its resolves. Samuel Jenings, by the free election and 
vote of the Assembly, was chosen as Governor of the province, 
and he immediately subscribed an engagement to act in that 
capacity " according to the laws, concessions and constitutions as 
they are now established in the province*" 

A number of persons were also appointed to prepare the instru- 
ment to be sent to London for Edward Byllinge to sign, and the 
individuals in England to whom the business should be entrusted 
were agreed upon. 

Thus again did the people of this province assert their claim to 
entire freedom from all authority except such as had been insti- 
tuted by themselves, in accordance with the provisions of the 
original concessions. In the following year, 1683, the resolutions 
that had been entered into upon the subject of government, were 
further pursued, and it was enacted and resolved by the General 
Assembly, that an instrument containing the state of the case be- 
tween the proprietors of the province and Edward Byllinge, in 
relation to the people's legal and equitable right to the government 
of the province, should be directly transmitted- to England, and 
also a letter to Byllinge himself. In pursuance of this design, 

• "' Some provision allowing siieh alterations would seemed to have been 
required in order to justify the course of the Assembly itself, for whilst they 
declared that the former concessions wore the fundamentals and foundation of 
government, the provisions now adopted were different in many respects from 
those of the concessions. 



GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 245 

it was further resolved at the ensuing session (held in March, 
1684,) that an express demand upon Byllinge should be made 
for a confirmation of what he had formerly sold and conveyed, 
and the Assembly elected and appointed Samuel Jenings the 
Governor, and Thomas Budd to visit England, and conduct 
the negotiation there. 22 Thomas Olive was nominated by Go- 
vernor Jenings to serve as Deputy Governor until the next 
meeting of the General Assembly should take place. This meet- 
ing occurred in May of the same year, and Olive was then 
chosen as Governor, and the Assembly resolved that during the 
pendency of the application in England in relation to the govern- 
ment, affairs should "remain upon the same foot and bottom, and 
be managed in the same methods as formerly, until matters shall 
be controverted and determined." In the interim the internal 
regulations of the province were further determined; the rate of 
taxation upon real and personal estate was prescribed, and also 
the amount to be collected and the mode of collection. Assessors 
and Collectors of taxes were to be chosen by the people in each of 
the tenths, such officers having authority within their respective 
limits ; and in case any persons should refuse or neglect to pay 
the amount assessed, within the specified time, the next magistrate 
might issue his warrant to distrain for double the sum taxed, to- 
gether with the costs and charges. Authority was given to the 
people of the several tenths to levy taxes for making and repair- 
ing highways within their respective limits. 23 

~ It was resolved that the sum of one hundred pounds should be given to 
Governor Jenings as a gratuity for and in consideration of his loss of time and 
absence from his own affairs "in his going to England to transact and carry on 
the public concern of this province, in relation to the government thereof." It 
was also resolved that one hundred pounds more should be provided for the 
payment of the charges and necessary expenses of the agents. For these sums 
the Assembly became responsible, but Samuel Jenings, Thomas Budd and 
Thomas Olive became bound for one hundred pounds on the public account, 
and ten other individuals entered as security for the remaining hundred. The 
money was advanced by Governor Penn. Certain lands in the province were 
appropriated for the final liquidation of this debt. 

"Another tenth was by this time taken up and occupied, and Representatives 
appeared in the Assembly from the fourth tenth. The fourth tenth extended 
from Timber Creek to Oldman's Creek. 



246 GOVERNMENT AFTER THE RELEASE OF THE Dl'KE OF YORK. 

By the Assembly which convened in May, 1685, the resolution 
that affairs should be continued upon the same "foot and bottom" 
as formerly, was somewhat modified, by an extension of the 
powers of the executive body; it was resolved that the Governor, 
with the advice of his Council, might, for the present emergency, 
issue forth such proclamations and precepts for the preservation 
of the property and privileges of the people, as they might deem 
necessary, until the General Assembly should make further pro- 
vision. But the suspense arising out of the " present emergency" 
was not greatly protracted. The mission of Governor Jenings 
and his associate to England was only partially successful. A 
full renunciation of the claims of B yllinge could not be obtained ; 
a new charter indeed is said to have been given, but no important 
concessions appear to have been made, and soon afterwards a 
commission was issued by Byllinge appointing a Deputy Gover- 
nor. This office was given to John Skene. 21 

On the 25th of September, 1685, the General Assembly con- 
vened. Fifty members were in attendance, ten from the first, 
second, third, and fourth tenths, each, and the same number from 
the Salem tenth. Thomas Olive was chosen Chairman or Speaker. 
The Assembly resolved upon an acknowledgement of the commis- 
sion of Byllinge to John Skene as Deputy Governor, yet this was 
done with a distinct reservation of "their just privileges and 
rights." The grant of Byllinge proved to be a source of embar- 
rassment; there was an apparent reluctance to enter upon decisive 
action in relation to it, and such action was finally avoided by an 
early adjournment. The House resolved that on account of the 
"sharpness of the season" and several of the members being at a 
considerable distance from their habitations, and also as the mat- 
ters before the House were of great weight, the Assembly would 
appoint a committee to be charged with the inspection of the new 
charter, and the bills prepared, who were to make report at the 
next meeting, when the House might give their " resultment there- 



Sl Both Smith and Gordon state that William Welsh had been appointed 
some time before, as Deputy under Byllinge, but that he was rejected by the 
Assembly. Thomas Olive was thrice elected, and continued to be Governor 
from May, 1684, until September, 1685, when Skene was received. 



GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 247 

of." It was then agreed that the House should elect and appoint 
such officers as might be necessary to assist the Governor in 
keeping the peace, and maintaining good government, and then to 
adjourn to some fit and seasonable time. It was also resolved 
that the new grant from the Duke of York ("now King,") of soil 
and government to Edward Byllinge, and also the instrument 
from Edward Byllinge, and proprietors, should remain in the 
custody of Thomas Olive and Thomas Gardner until further order. 
Before the adjournment, officers were appointed for the five divi- 
sions of the province, and also a Justice and Constable for Cape 
May. 

What was the "fit and seasonable time" to which the Assembly 
was adjourned, there is nothing to show, but another meeting did 
not take place until the latter part of the year 1692. During this 
interval, various changes occurred in the general condition of 
affairs in the province. Whilst the regular authorities were sus- 
pended, a portion of power was exercised in some of the sections 
by the people themselves, with a view to the promotion of their 
own convenience and advantage. By legislative enactment, but 
two jurisdictions or counties had yet been established within the 
province, but during the recess of the Assembly, another division 
was made, by the voluntary action and agreement of the inhabi- 
tants themselves. The settlers within the third and fourth tenths 
finding themselves subjected to much disadvantage from the trans- 
action of public business at Burlington and Salem, resolved upon 
the establishment of a central jurisdiction, and for this purpose held 
a convention at Gloucester, in May, 1686." In pursuance of 
their object, an instrument was framed and adopted which con- 
tains sufficient evidence that the people conceived their political 
competency, to be ample in extent. They determined the limits 
of the jurisdiction, the subdivision into townships, the constitution 
and powers of the courts, the times and places of sitting, with 
various other particulars.- 6 The new division was called the 



28 Gloucester was one of the earliest settlements in the province, and a town 
was soon afterwards projected and laid out. It continued for many years to be 
the county town. See Mickle's Reminiscences, p. 35 and 36- 

26 The jurisdiction was co-extensivc with the limits of the third and fourth 



248 GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 

county of Gloucester, and during the suspension of provincial 
legislation, the authorities of Gloucester continued to exercise a 
degree of authority, entirely sufficient to meet the exigencies of 
the time. 

In the year 1687, a change took place in the provincial govern- 
ment in consequence of the death of Edward Byllinge. 27 Upon 
this event, Dr. Daniel Coxe, who was already largely concerned 
in West New Jersey as a proprietor, purchased the whole of the 
interest of the heirs of Byllinge in the province. In this was 
included both the right to property, and also the doubtful claim to 
the powers of government. 

On the 5th of September, 1687, Coxe directed a communication 
to the Council of Proprietors in the province, apprizing them of 
the transfer that had been made, and explaining at length his own 
expectations and views. 28 He directly advanced a claim to the 

tenths, reaching from the Pensaukin to Oldman's Creek. Four courts were to 
be held yearly, alternately at Gloucester and Eed Bank. 

Wuodbury Records, given by MicMe, p. 85. 

21 Byllinge had been one of the most prominent actors in the affairs of West 
New Jersey, and in the early period of his engagement had manifested an 
earnest desire to promote the interests of the province and the happiness of the 
people. He had been a party to the first concessions, and had thus been in- 
strumental in erecting a frame work of government of a most liberal character. 
It is much to bo regretted that his subsequent conduct was not such as to con- 
firm the expectations excited by bis earlier course. He may at first have ac- 
cepted authority from the Duke of York, with an intention to convey it to peo- 
ple, to whom, according to his own agreement previously made, it properly 
belonged. His first step may thus be accounted for and partly excused, but his 
subsequent retention of authority can in no wise be palliated, and is only to be 
explained upon the supposition, that he was too open to the seductive influences 
of place and of power. 

28 The Council of Proprietors were individuals chosen from the general body. 
The whole number of proprietors had become so large, and the members were 
so scattered that the transaction of business had become extremely difficult. To 
obviate this, it was resolved at a meeting of the proprietors on the 14th of Feb- 
HKiiv, 1687, that there should be constituted a Proprietary Council, to consist 
of eleven Commissioners, to be annually chosen from among themselves. These 
Commissioners were fully empowered to act in all such affairs as concerned the 
general body, and two shillings a day was allowed them as a compensation. 
In November, 16S8, the Council agreed upon a system of rules relating to the 



GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 249 

entire direction of affairs in matters of government. He stated, 
that lie had advised with the most eminent counsel, by whom he 
was instructed, that though the concessions which had been agreed 
to by Byllinge might have bound him in conscience during his life, 
yet that the obligation would not survive so as to be binding upon 
his heirs, and of consequence, was not binding upon Coxe himself. 
In support of this view it was urged that the original concessions 
agreed to by Byllinge had been made, previous to his possession 
of the rights of government. This argument, whether sustained 
by the opinions of "the most eminent counsel" or not, was sin- 
gularly defective ;, it had no other foundation than mere assump- 
tion. It assumed that the rights of government were wholly derived 
from the grant that was marie to Byllinge by the Duke of York. 
But before this grant was made, Byllinge and his coadjutors be- 
lieved and represented themselves to be possessed of this power, 
and in their concessions had conveyed it in the fullest manner to 
the people of the province. If then, this authority was possessed at 
that time, and was conveyed according to the terms of the con- 
cessions, the powers of government became vested in the people 
and remained in them, and could not afterwards be exercised by 
Byllinge, or be conveyed by him to another party. And if it be 
supposed that there existed any defect in the powers of the grantors 
at the time the concessions were made, and Byllinge in conse- 
quence of subsequent events, came to the possession of further 
ability, he was bound not only "in conscience," but also in honor 
and honesty, to make good his former agreement. But in fact, 
the grant of the Duke of York was no more than an acknowledge- 
ment of rights and powers which were previously held, and which 
had been previously enjoyed and exercised, though with great 



sales and surveys of land. In this manner the land affairs of West New Jersey 
continued to be directed for a long period, and indeed the authority is recognized 
even at the present time. The first Council were Samuel Jenings, Thomas 
Olive, William Biddle, Elias Farr, Mahlon Stacy, Francis Davenport, Andrew 
Robeson, William Royden, John Heading, William Cooper and John Wills. 
It was to this body that the communication of Dr. Coxe was directed. During 
the recess of the General Assembly, the proprietary body was probably consid- 
ered as the highest authority in the province. 
32 



250 GOVERNMENT AFTER THE RELEASE OF THE DUKE OF YORK. 

impropriety and injustice, a different distribution of these powers 
was ordered and made. 

Information was also given by Coxe that he had consulted 
with several of the principal proprietors, and that he had been 
urged by them to purchase the government and the property, and 
that he had afterwards proposed, if any way could be shown, that 
the government should be assigned to the proprietors, or to par- 
ticular persons, or the people ; he desiring no more than that he 
should be merely secured for what he had actually disbursed. 
But little difficulty need to have occurred in finding a "way" in 
which an adjustment of the matter in question might have been 
made. If, indeed, Coxe had acquired a doubtful and disputed 
right, it might not be found easy to recover the amount of his 
outlay, in any other manner than by claiming that to be sound 
and good, which in reality was imperfect and faulty. A full con- 
firmation of the original grant which had been agreed to by Byl- 
linge, would have been just as a primary step ; if afterwards, the 
entire amount of disbursement could have been reached, no injury 
would have been sustained by any; but without this, if interest 
should be secured, a wrong would be committed. In the commu- 
nication of Coxe it was further set forth, that as no proposals had 
been made to him, he should enter upon the government himself, 
and he distinctly stated that "as all the gentlemen of the law who 
have been hitherto consulted, do unanimously agree that the 
government of the province of West New Jersey, is legally in 
me as full as Pennsylvania in Mr. Penn, or as East Jersey in 
the proprietors there, I thereupon assumed the title of Governor, 
and lay claim to the powers and authority thereunto annexed, 
and am resolved, by the assistance of Almighty God, to exercise 
the jurisdiction by his Royal Highness, his last deed or grant un- 
to me conveyed, with all integrity, faithfulness and diligence." 
He also declared his full willingness to confirm the civil privileges 
and rights which had been given in the original concessions of 
the proprietors, and to cause them to be inviolably observed; but 
in regard to the form of government, he remarked that "as the 
government of England is acknowledged by all intelligent and 
disinterested persons, to be the best of constitutions, I do hereby 
declare my full and free approbation of such constitution in vour 






CONDITIONAL SURRENDER OF GOVERNMENT 251 

province." He declared that he should confer upon the Assembly- 
all powers and privileges consistent with the ends of good govern- 
ment, the redressing of grievances, and promoting the peace and 
prosperity of the province. He also desired that information might 
be given him as to the most proper mode of establishing the Assem- 
bly, and of appointing the several officers, and gave an assurance 
that all reasonable expectations and requests should be complied 
with ; and that the officers appointed by Byllinge, or who had 
been chosen by the people, should be continued in their respective 
places and employments. 

From the above particulars it is entirely manifest that all au- 
thority in the province, in respect to government, was claimed by 
Coxe, in virtue of the purchase he had made from the heirs of 
Byllinge ; nothing was left to the people as rights, though liberal 
offers were made to them as grants. 

But the exercise of the powers of government either by the people 
or by the new claimant, was suspended for a time by interference 
from an entirely different quarter. The release which had been 
made by the Duke of York had served to relieve the province, for 
a period, from further interruption from that source. But the 
Duke had now become King, and notwithstanding his former as- 
surances and grants, he again attempted a resumption of power. 
As has been noticed in the history of East Jersey, differences had 
arisen between the people of that province and the officers of the 
crown, in the enforcement by the latter, of the navigation laws of 
England. In consequence, a writ of Quo Warranto had been 
issued against the province, and after ineffectual resistance, the 
proprietors of East Jersey had resolved, upon certain conditions, 
to surrender the government to the King. West New Jersey 
was not formally involved in the process directed against the ad- 
joining province; yet it was the design of the King, whether with, 
or without a formal procedure, to reduce the whole of the country 
to a state of dependence. In the condition of affairs existing in 
West New Jersey, the body of proprietors or other inhabitants, 
had apparently, but little to lose in a surrender of government 
upon the terms proposed, all authority being claimed by one 
individual. This individual, Coxe, was largely interested, himself, 
in the property of the province, and probably regarded his interest 



252 CONDITIONAL SURRENDER OF GOVERNMENT. 

in this respect as of too much importance to be hazarded by a 
tenacious adherence to his claim to the government. A surrender 
was therefore made in April, 1688, the same time as in East 
Jersey, and upon the condition, as in the other province, that the 
rights of property should remain undisturbed. 

The whole of New Jersey, with New York and New England, 
was placed under one government, to be administered by the well 
known Edmund Andross. Orders were transmitted by Andross, 
through his Secretary, to John Skene, to receive and take charge 
on his behalf, of the public records of West Jersey. 29 A demand 
was accordingly made upon the Council of Proprietors for the 
delivery of the papers and records in their possession. This 
demand was considered in a meeting of the Council held on the 
10th of August, 1688, and it was then resolved "that all records 
relating to government may be delivered according to the Secre- 
tary's order, but such as relate to lands, they judge to be the pro- 
perty of the proprietors, and that they ought to remain with them, 
and hope that the Governor is already satisfied therewith." 30 

On the 18th of August Andross himself appeared on the pro- 
vince ; he issued a proclamation ordering that the revenue should 
still be collected, and also, that the several officers of the province 
should continue in their places and employments. 31 Thus was 
the province subjected to royal government, which however, as 
will be seen, was but brief in its duration. The revolution in 
England soon followed, and the consequences were not long in 
appearing in the American provinces. 



25 It is stated by Smith, that Skene died in l>eeember, 16S7, but from the 
transaction above mentioned, he appears to have been acting as an ofTcer in 
1688. 

30 Smith's New Jersey, p. 202. " Whitehead, p. 112. 



CHAPTER XIV. 



RESUMPTION OF GOVERNMENT IN EAST JERSEY, RESUMPTION IN 

WEST JERSEY. FINAL SURRENDER. 

At the first rumor that the Prince of Orange had landed in 
England, a flame burst out in the American colonies. In Boston 
the people assembled in arms, and those "public robbers," as 
Andross and those who had acted under him were called, were 
seized and made prisoners, and Andross himself was soon after- 
wards stripped of all his authority. The Governor and Magis- 
trates of the colony, with Representatives from the town, assumed 
the government until the pleasure of the new King should be 
known. The new Monarch approved of their proceedings, and 
directed them to continue the administration of government until 
the same could be settled in a manner most conducive to his 
service and the security and satisfaction of the colony. 1 Con- 
necticut obtained the opinion of three of the most eminent lawyers 
in England, that their involuntary submission to the government 
of Sir Edmund Andross did not invalidate their charter; and that 
the same, not being surrendered under the common seal, and such 
surrender duly enrolled of record, nor any judgment entered 
against it, the corporation might lawfully execute the powers and 
privileges thereby granted. Hence this colony as well as Rhode 
Island, continued their old forms of government under their charters. 
It is possible that had a course of proceeding like to that pursued 
in these colonies, been entered upon in East New Jersey, a similar 
result might at once have been reached. But the situation of 
affairs was such as to prevent a decisive attempt. There was a 
lack of unity in action, if not of feeling, in the body of proprietors, 
arising in part from their local division. It is probable too, that 

' Judgment having been actually rendered against Massachusetts, its former 
charter was not finally restored. Pitkin's History, vol. 1, l>. 128. 



254 RESUMPTION OF GOVERNMENT IN EAST JERSEY. 

the prevailing influence, so far as it could be gathered, was rather 
in favor of quiet and peace. Barclay, the Governor, was not of a 
nature to urge or direct a struggle for political advantages. Beside 
this, although the late King had but illy deserved their kindness, 
there yet existed a lingering attachment to him as the original 
grantor of the province, and some reluctance was felt to make an 
application to the Prince who had driven him from his do- 
minions and his throne. But more than all, there was a want of 
interest and attachment between the proprietary body and the 
people themselves. The government had not acquired a hold 
upon the affections of the colonists ; many of the inhabitants in- 
deed were really averse to the existing authorities, and therefore 
if no direct attempts opposing a restoration of the government were 
made, nothing was done by the people to promote it. In conse- 
quence, a kind of negative position was maintained for a time ; 
the course of events was awaited. 

In May, 1689, a summons was received from the Lieutenant of 
Andross, (who was yet at the head of affairs in New York,) re- 
quiring the authorities of East Jersey to attend a conference in 
relation to the state of the government. Hamilton, the Deputy 
Governor, (who had been continued in office,) with a number of 
the Justices of the province, complied with the call, but no deci- 
sive determination was arrived at. Feeling the difficulty of his 
position, Hamilton resolved upon a voyage to England, in order 
to consult with the proprietors there, and to agree upon a course 
which should determine his future proceedings. He departed 
from the province in August, 1689; he left no deputy, but con- 
tinued to retain his authority. 2 On his voyage he was taken 
prisoner by the French and was detained for a time, and upon 
his arrival in England, his office as Deputy Governor was resigned. 
On account of these occurrences the province of East Jersey was 
left for a period without a regularly appointed head to direct the 
proceedings of government. But the several officers that had 
formerly been appointed, remained in their places, and continued 
in the exercise of their duties; the machinery of government con- 

- He appears to have been in office so late as May, 1690. WhihLcud, p. 
129. 



RESUMPTION OF GOVERNMENT IN EAST JERSEY. 255 

tinued in action although it had become imperfect in form. 3 After 
the resignation of Hamilton and the death of Governor Barclay, 
(which latter event took place on the 3d of October, 1690,) it be- 
came necessary that some decisive measures should be taken for 
the maintenance of order. The entire success of the attempts in 
other colonies for a full restoration of their former privileges and 
rights may have strengthened the resolves of the proprietary body; 
accordingly, they resumed the direction of affairs, and proceeded 
to re-establish the government of the province. They appointed 
John Tatham as Governor. But the want of agreement between 
the proprietors and the people, created an early impediment. 
Whether the inhabitants preferred a continuance of their former 
situation to a renewal of the proprietary government, or whether 
there were solid objections to the present appointment sufficient 
to warrant opposition, is not easily determined. But Tatham was 
not accepted in the province ; the people declared that they 
" scrupled to obey." In the following year Colonel Joseph Dudley 
was appointed; he met, however, with the same reception from 
the people as his immediate predecessor. 4 But this difficulty was 
finally removed. On the 25th of March, 1692, Andrew Hamilton, 
the former Deputy Governor, who still continued in England, re- 
ceived from the proprietors the appointment of Governor. During 
his former residence in the province, the prudence and steadiness 
he had manifested, had rendered him acceptable to the people, 
and his present appointment and return, contributed in a great 
degree, to the firmer establishment of the proprietary government. 
John Barclay, a brother of the late Governor, who had resided 



3 Some authors have represented that a complete suspension of all govern- 
ment took place at this time, the people being in this respect, merely in " a state 
of nature." But such representations are not strictly just. The suspension of 
government was never complete, and within the period of partial interruption, 
both Tatham and Dudley were appointed to office, but were rejected by the 
people. Whitehead, p. 130. 

' Tatham was appointed nearly at the same time to be Governor of West 
Jersey, where he resided, but was there rejected on account of his "Jacobite 
principles." This was probably the ground or the pretence of his rejection in 
the other province; whether any such suspicion attached to Dudley does not 
appear. 



256 RESUMPTION OF GOVERNMENT IV EAST JERSEY. 

for some years in the province, was appointed Receiver and Sur- 
veyor General, and to complete the number of officers, Thomas 
Gordon was placed in office as Secretary and Register, being the 
Deputy of William Dockwra, who held the chief place under the 
proprietors, in England. 

Governor Hamilton arrived in the province in September, and 
his reception was such as to go far towards relieving the colonists 
from the suspicion of factious opposition to the government, which 
their previous course might possibly have raised. The Governor 
entered at once upon the duties of his office, and appointed his 
Council from among the most prominent men of the province. 5 

On the 28th of September, 1692, the General Assembly con- 
vened. The general interests of the colony were brought into 
notice, and various acts were passed to meet the circumstances 
existing at the time. The scruples or questions that might have 
arisen, on account of the several changes that had occurred in the 
government of England and of the province, were forestalled, by a 
general confirmation of previous enactments, excepting only such 
laws as had been formerly, or were now expressly repealed. 

For a time, an appearance of settlement and quiet was exhibited 
in the province, but it was soon interrupted by other events. The 
old subject of dispute relating to the titles of land was again revived. 
Although this question had been repeatedly and definitely settled 
bv declarative acts of the proprietors, and of the Assembly, it still 
had not been brought to the notice of the courts, and no judicial 
opinion had yet been given. But in 1695 the matter was formally 
determined in the courts of the province, and a judgment was 
given adverse to the party claiming by the Indian right. But the 
decision failed to produce the effect that might have been hoped, 
and that might been expected. An appeal was taken to the King 
in Council, and there, upon the ground of some informality in the 
previous proceeding, the decision of the provincial court was an- 
nulled ; and thus this fruitful source of dissension was opened 
afresh. Increased unsettlement was the consequence. 



5 They were Captain Isaac Kingsland, Andrew Bowne, John Inians, David 
Mu. lie, James Dundas, John Royre, Samuel Dennis, John Bishop, and Lewis 
Morris. 



RESUMPTION OF GOVERNMENT IN EAST JERSEY. *457 

Not long afterwards another unfavorable circumstance occurred. 
Governor Hamilton was in general favor with the people, and had 
also acted with faithfulness toward the proprietors ; and his con- 
tinuance in office seemed likely to be highly beneficial in effecting 
a restoration of order and harmony. But in 1G97, a law had 
been enacted by the English Parliament requiring that all pro- 
prietors of colonies should present their respective Governors to 
the King for his approval, and that no other than a natural born 
subject of England should be admitted to serve in any public 
places of profit and trust. The law itself was an exhibition of 
contracted policy, and it was complied with by the proprietors of 
East Jersey with a degree of promptitude that would almost war- 
rant a charge of extreme subserviency. Without awaiting the 
decision of the King in the case of Hamilton, (who was a native 
of Scotland,) they at once removed him from office. Notice was 
given to ihe Council of the removal, accompanied by a declaration 
that it was considered unavoidable, and was much against the in- 
clination of the proprietors. It proved to be greatly injurious to 
their interests. 

Jeremiah Basse was appointed as the successor of Governor 
Hamilton; he produced his commission to the Council of the 
province on the 7th of April, 1698. It was understood that the 
assent of the King had been given to the appointment. The new 
functionary entered upon his duties by publishing a proclamation 
directed to the officers and people of the province. It set forth the 
importance of an orderly and moral deportment for the preservation 
of peace, and for the support of the government of his Majesty, who 
it was said, "hath so often exposed his Royal person to eminent 
danger, to reduce us from the growing power of Popery and arbi- 
trary government." All persons were prohibited from cursing, 
swearing, intemperance, and other immoralities which were named; 
and all officers were commanded to enforce the laws against such 
as should offend. But no long time elapsed before difficulties 
began to arise. It was discovered that the Governor's appoint- 
ment had not been approved by the King, as had been represented 
at the time. 6 Beside this, the necessary confirmation from the 



" The proprietors afterwards stated in a petition; that upon the appointment 
33 



2. r »M RESUMPTION OK GOVERNMENT IN EAST JERSEY. 

proprietors themselves was wanting, ten only having given their 
assent, whilst sixteen was the number required. On these ac- 
counts, some of the proprietors in the province refused to acknow- 
ledge the Governor's authority, and a similar disposition was 
shown by the people. A part of this opposition was owing, or 
was attributed, to the displeasure that was felt at the hasty removal 
of Hamilton, and some even insisted that the latter was not really 
or fairly superseded, and hence that he in fact was the Governor 
of the province, and that in his absence the government should be 
conducted by the Council. Instead of seeking to remove the de- 
fects which really existed in his commission, and commending 
his authority by a calm and steady deportment, Governor Basse 
appears to have sought to secure his position, by opposing party 
to party. Wanting the full support of the proprietary interest in 
the pr/ovince, he gave his countenance to those who had always 
been opposed to the proprietary government, and thus, his in- 
fluence operated indirectly to weaken and subvert the authority 
under which he was acting. At the same time he was reduced 
himself, to a situation of the most wretched dependence. Some 
of the laws enacted by the Assembly Avere directly opposed in 
spirit, if not in terms, to the proprietor's regulations and instruc- 
tions, yet the Governor gave them a ready approval. 7 Whilst 
by such a course of conduct he had forfeited the confidence of 
all, and was left without substantial support in the province, 
he was obliged to encounter opposition from without. Recent 
enactments had been made by the Assembly for the encourage- 
ment of trade, and the establishment of a port and custom house 
at Perth Amboy. This led to a renewal of complaint from the 
authorities of New York, and of representations to the King, of 
the great advantage that would be gained by annexing New Jersey 
to New York. The unceasing urgency of the authorities of the 
latter, upon this subject, affords an instance of most aggravated 

of Basse they had received instructions from the Lords Justices, and Lords 
Commissioners of the Treasury, for the Governoi's conduit, which they stated, 
had been produced and published as evidence that the Governor had been ap- 
pointed with the knowledge and full consent of his Majesty, and that only an 
express approbation ia writing was wanting. Grants and Concessions, p. 592. 
; W hitehcad, ]». 140. 



RESUMPTION OF GOVERNMENT IN EA.ST JERSEY. 259 

illiberality toward a neighboring province/ That a regard to 
their own advantage was the true motive by which they were 
actuated, though masked beneath a professed anxiety for his 
Majesty's interest, was no doubt perceived; yet the King was not 
likely to inquire with much care concerning the reasons of any 
suggestion, if satisfied that it tended to the benefit of the Crown. 
Hence a disposition was manifested to impose new restrictions 
upon trade in New Jersey, notwithstanding the evident injustice 
and the declared illegality of the course. Beside the former deci- 
sion of Sir William Jones in a similar case, an opinion was now 
given upon this point by two eminent authorities, Sir John Hawles 
and Sir Cress well Levins. 9 They pronounced against the impo- 
sitions of any customs in the province, except such as were im- 
posed by act of Parliament, or their own Assembly. But it was 
not a decision, it was not knowledge, that was wanting; the case 
was one of sufficient clearness ; no one could then have supposed 
that the imposition of customs by Roval authority was consistent 
with the laws of England, and still less with the privileges that 
had been granted to the people of the province. But it suited the 



s The Governor of New York complained that "they are now making war 
upon us in point of trade, they will draw all the shipping thither and establish 
a free port, /*; the great prejudice of this place, and sink the trade of it, they 
pay no duty to the King, and all will flock there. New York Colonial Papers. 

9 These are mentioned as "Crown Lawyers" by Chalmers and Grahame, by 
whom it is also stated that the question was submitted to these authorities by 
the governiuentj and that the claims in question were afterwards abandoned, 
Whether they were Crown Lawyers or not, is uncertain, and not important, 
neither is it of great consequence by whom the application to them was made; 
their decision was probably given without any regard to the parties concerned, 
and was certainly just, as regarded the principal point. But if these persons 
were the legal officers of the Crown, and gave an opinion as such, it would 
seem the more extraordinary that no regard should have been paid to the deci- 
sion ; it is certain that the exactions was afterwards continued. It is stated 
indeed, by the authors just mentioned, that the demands were made under the 
authorities of the Assembly of New York, but nothing appears to confirm this 
opinion, it is more probable that they were made under express authority from 
the King. It is in any ease clear, that instructions from the Crown were sub- 
sequently given, calculated and designed to obstruct the trade of New Jersey. 

Whitehead, p. 143. 



260 RESUMPTION OF GOVERNMENT IN EAST JERSEY. 

purposes of the authorities of New York to urge that restrictions 
should be laid upon New Jersey, and it suited the views of the 
King to accede to the proposal. In 1697, instructions were given 
to Lord Bellamont, the Governor of New York, to prevent the 
trade between the Indians and the inhabitants of East Jersey. 
Very soon afterwards he received another despatch or direction 
from the Crown, denying the rights of both East and West New 
Jersey to the privilege of ports, and enjoining upon Bellamont "to 
take care that the rights and privileges of New York be not in- 
fringed," and a proclamation was issued in accordance thereto. 

Governor Basse exhibited in relation to these pretensions and 
claims a more correct appreciation of his duties than he had for- 
merly shown. He published a counter proclamation, and insisted 
upon the rights of the province to freedom of trade, and a vessel 
that lay at Perth Amboy was loaded by his orders, and directions 
were given for her speedy departure. 10 But the Governor of New 
York now acted again the same part that had been performed by 
his predecessor Andross, ten years before. The vessel when on 
the point of departure, was seized by an armed force and con- 
veyed to New York. This outrage claimed the attention of the 
Assembly of East Jersey, and a law was enacted for raising the 
sum of six hundred and seventy-five pounds, by a general tax, to 
be used "not only to remonstrate the injuries already done us, 
but also to avoid the like incursions in future." Agents were 
appointed to prosecute the affair, and a part of the amount was to 
be employed " to gratify the best and ablest counsel in the law, 
the better to state and represent our case." It is doubtful whether 
this amount was collected;" but whether or not, the "case" was 
afterwards determined; it was brought in 1701, before the Court 
of King's Bench, and a decision was given by which the rights 



10 It is intimated by Whitehead, that a part of the spirit manifested by the 
Governor on this occasion, proceeded from personal interest, he being diiectly 
concerned in the vessel or cargo. 

" The enforcement of the law was objected to, in as much as the money was 
to be entrusted to the adherents or personal friends of the Governor, in whom 
the people had no confidence; they doubted whether the money would be ap- 
plied "for the country's good." Newark Records, in Whitehead, p. 14G. 



RESUMPTION OF GOVERNMENT IN EAST JERSEY. 261 

and claims of East Jersey were fully sustained. But the decision 
came too late to be attended by any important advantage. 

Though the conduct of Governor Basse in the management of 
these affairs may have been more in accordance with the views 
of the people than were his previous acts and course, they still 
were no nearer to an acquiescence in his rule. On the contrary, 
the opposition against him soon ripened into actual revolt. The 
Governor directed that the most daring of the offenders should be 
committed to prison, but they were quickly liberated by their 
associates, by force. The public officers of the province were 
insulted and abused, and absolute anarchy seemed to be almost at 
hand. In alarm for his safety, or in the hope of obtaining the 
means of redress, the Governor resolved to leave the province, 
and in May, 1699, he departed for England, leaving in his place 
a Deputy Governor. In his final act, the selection of a successor, 
Governor Basse would seem to have been willing to perpetuate 
in the minds of the colonists, the remembrance of his character 
and acts. Andrew Bowne, the Deputy, had always been known 
as one of the prominent opponents of the proprietary government. 
But the authority obtained by the latter was too slight to be 
seriously opposed, or much respected, and a state of indifference 
succeeded the former excitement. 

After the arrival of Governor Basse in England, the proprietors 
resolved upon the re-appointment of Governor Hamilton. A 
decision had been given by the officers of the Crown, that the 
act excluding foreigners from office, did not apply to the natives 
of Scotland. But a new objection to his confirmation in office 
had now arisen. A trial was about to be instituted in the courts 
of law to test the claim of the proprietaries to the government 
of the province, and until this should be decided, no formal 
assent could be obtained, though the appointment of Hamilton in 
the interim, was not objected to. At his arrival in the province, 
no open opposition was made to his resumption of authority. But 
the time for harmonious action had passed. The tendency to 
disorder had become so strong, that if no real objection could be 
found against the established authorities, a pretext would be made. 
The fact that the appointment of Hamilton had not been confirmed, 
began to be urged against him, and transactions ensued of a 



262 RESUMPTION OF GOVERNMENT IN FAST JERSEY. 

character so tumultuous and violent, as to fix upon the period, the 
designation of "the time of the revolution." 12 Soon afterwards a 
long memorial was prepared and addressed to the King, com- 
plaining of ihe wrong which it was said the people had endured. 
It set forth that the proprietors had formerly allowed the province 
to remain without any government for three years, and that at a 
time when it was exposed to danger from war. 13 It also set 
fortli as matter of complaint, that after removing Governor Hamil- 
ton from office in obedience to an act of Parliament, the proprietors 
had now returned him again as Governor, though the disability 
under which he labored had not been removed, and that other 
officers were also in the same situation ; and the petitioners asked 
that his Majesty would order that a fit person, qualified according 
to law, might be commissioned as Governor. These petitioners 
failed to represent, that the suspension of government of which 
they complained, so far as it really occurred, was owing in great 
part, to acts of the people themselves ; and also, that they had for- 
merly been extremely desirous that Governor Hamilton might he 
continued in office, notwithstanding the disability which they now 
alleged to exist. But in truth, the real object of these petitioners, 
or many of them, was to escape from the restraints and obliga- 
tions they were under from the existence of the proprietary 
government. Numbers hoped to be freed from all further ques- 
tioning as to their titles, and from all demands for the payment of 
rents. The very same opposition to government which arose at 
the beginning of the colony, now, after being checked for a time 
by authority, or appeased for a while by concession, was ready 
again to break forth. 14 Some of the colonists indeed, were well 



n It is no more than just to the people to state, that open opposition to Hamil- 
ton began to be manifested after the dissolution of the Assembly by him. on the 
ground of an informality in their proceedings. Yet opposition was previously 
designed, as was manifested by the Assembly at their first coming together. 

13 This allegation, as has already been shown, was almost wholly unfounded. 

14 The situation of the Governor and the views and objects of the people are 
fully set forth in a letter from Hamilton to the proprietors, dated June 1st, 1 700. 
He stated himself to be "at a great loss for want of advice from you how far 
you have concerted the affairs of the surrender, the people here proposing to 
themselves thai they will be upon a level with you when the government is out 



RESUMPTION OF GOVERNMENT IN EAST JERSEY. 263 

affected, and did not approve of the measures pursued, but their 
numbers or influence were not sufficient to work a change in the 
general feeling, or to arrest the course of public affairs. Faction 
had become too strong to be longer controlled. The Governor, 

of your hands, may purchase lands from the Indians as well as you, and throw 
up their patents and hold by their Indian purchase. While the people propose 
to themselves such advantages by the governments being in the hands of the 
King, you cannot expect they'll raise money to defend it, nor any thing wherein 
they suppose you will share the advantage with them. Finding no hopes of 
raising money, I forbore calling our Assembly till their own was to sit of course, 
which by an act passed in Mr. Basse's time, is to meet yearly by proclamation 
on the fourth Tuesday in May. I accordingly called them at that time, and 
upon their meeting the whole House came to me and the Council. As I was 
beginning to speak, Capt. Bowne told me he was ordered by the Representatives 
to ask by what authority I called them together. I told him he could very well 
have answered that question himsslf, having heard my commission read upon 
my arrival. Mr. Royse asked me if I had the approbation as the act directs. I 
told him I was much surprised to hear him ask that question, he himself having 
said in Mr. Basse's time that this point was for the King to inquire into, and 
not the people, and also that he had heard upon my first coming what steps had 
been taken to obtain an approbation, and the reason that obstructed it. But 
since he was not so just as to inform the Representatives what he knew, I would, 
and I accordingly related the ffihole. That in order to break their ports, the 
Crown had of late questioned the proprietors right to government, looking on it 
as unaccountable to be a government, and not allowed a port as all other dis- 
tinct colonies in America are. That accordingly, the Lords of Trade, to whom 
the proprietor's petition was referred, had advised the King to consent to a trial 
in Westminster Hall for their claim to both, which report was confirmed by the 
King, and referred to the Attorney General to direct the manner of trial. That 
after the report, I had applied to the Council of Trade and told their Lordships 
that since they were pleased to scruple the proprietor's title to government, I 
should be unwilling to act under any commission their Lordships should ac- 
count unwarrantable, and thereby draw myself or the proprietors under any in- 
convenience. But the Lords we e pleased to tell me that they questioned the 
proprietor's right to government, yet they did net intend that as an inhibition 
to the proprietors, or a forbidding them to act further until the trial betwixt 
them and the King were issued, or that the terms of the surrender should be 
concerted, they being sensible that people could not be without government, and 
therefore if I acted according to the laws of England, the proprietors would be 
sufficiently justifiable in commissioning me, and I sale to act, but that granting 
an approbation was a recognizing the proprietor's title and by consequence 
giving away what they accounted the King's right. Notwithstanding this ax- 



204 RESUMPTION OF GOVERNMENT IN WEST JERSEY. 

with all his prudence and firmness, had become nearly powerless. 
The proprietary body too, had become numerous, and were so 
divided in interests and aims, that their Councils, even at this 
period of danger, were uncertain and wavering, and their resolves 
but feebly pursued. Without an entire change, but one course 
seemed open before them, and that course which had already been 
contemplated, was now pursued. The government was surrendered. 
During this time the course of affairs in West New Jersey had 
been tending to a similar issue. The conditional surrender of 
government in the western province, and the assumption of au- 
thority by Sir Edmund Andross, had caused but little alteration 
in the general state of affairs. The officers formerly appointed, 
were continued by Andross, and the government (so far as the 
provincial government continued in force,) was administered by 
them for the time. As before noticed, the Legislative Assembly was 
suspended. Coxe, in his capacity as proprietor, continued to be 
actively concerned in the management of business. Subsequent 
to the surrender, extensive purchases of land were made by him 
from the natives, and these agreements were assented to by the 
Council of Proprietors, and provision was made for refunding 
the purchaser. 15 An agreement was also concluded on the 5th 
of September, 1 688, between Coxe and Governor Barclay, re- 
specting the limits of East and West New Jersey; Coxe insisted 
that the boundary formerly agreed upon was unjust to the western 
proprietors, and a new division was projected, which received the 
assent of the Council of Proprietors in West Jersey, in December, 
1688. The contract however was not carried out to effect. 16 

planation, Mr. Royse insisted that they were not safe to act without an appro- 
bation, which put nie upon the necessity of plain dealing with them. I told 
them I was not a stranger to the point they were driving at, and that the getting 
the government out of the proprietor's hands, they accounted the means to ob- 
tain it, and it was that, and not the want of an approbation, was the reason of 
their pretended scruples." Whitehead, p. 223. 

15 Three several purchases were made, dated respectively the 30th of March, 
the 30th of April, and the 16th of May, 1688. They were lands in the southern 
part of the province, including part of the present counties of Cumberland and 
Cape May. 

' It is somewhat doubtful in what precise character the contracting parties at 
this time considered themselves as acting. The government in both provinces 



RESUMPTION Of GOVERNMENT IN WEST JERSEY. 265 

The renewal of the proprietary government in West Jersey was 
equally tardy, and attended with no less difficulty than in the 
eastern province. In the former indeed, the want of harmony 
between the authorities and the people, seemed even greater than 
in the latter. Coxe had arrogated all power, asserting that the 
entire government of the province was legally in him; but the 
claim he had acquired, when held by Byllinge, had been 
expressly denied and rejected by the people through the Repre- 
sentative body, and there was now no disposition to aid in any 
attempt which would tend to its confirmation. The people too, 
in some portions of the province, as has been seen, had taken the 
management of affairs, in part, into their own hands, and had be- 
come somewhat familiarized to the idea and the practice of inde- 
pendence in government. The county authorities had exercised 
control in matters affecting their particular and relative interests. i; 
But the claimant of chief authority in the province, was little in- 
clined to allow any part of the advantage he had come to possess, 
to remain unused; and only awaited an opportunity to renew his 
endeavours for the establishment of his claim to the government. 
The proposal he had made for the institution of a rule according 
with the principles of the "English Constitution," was not now 

had then been surrendered, and Andrpss had taken possession thereof. The 
former Governors, then, would seem to have had no other authority than as the 
representatives and holders of property,- hut in name they arted as Governors, 
and a high authority', (Whitehead) represents Barclay as making the agreement 
in that character. And as the surrender had been only conditional, the former 
authority might yet survive. 

" Nearly at this time Gloucester and Burlington adjusted the boundary be- 
tween them, as appears in the following extract: — "At a court held at Glou- 
cester on the first day of 4th month, 1689, the Grand Jury having information 
that the persons formerly appointed by the proprietors for fixing the line of divi- 
sion between the counties of Burlington and Gloucester, have agree! upon a 
course that shall determine the same ; do in pursuance thereof order that upon 
the seventeenth day of this instant, the said line shall be run, and that Thomas 
Sharp shall be Surveyor for the doing thereof. And also, that it's judged con- 
venient that the people in Burlington county may have advice thereof, that they 
may appear to see that affair completed, if they please. To all which the bench 
assents and order the procedure thereof in manner above said." 

Woodbury Records, given by Mickle, p. 41. 
34 



266 RESUMPTION OF GOVERNMENT IN WEST JERSEY. 

renewed; the former basis of government was allowed to remain. 
In 1690, John Tatham was appointed as Deputy Governor. 18 
But the people of the province, as was the case in East Jersey in 
regard to the same individual, "scrupled to obey;" the Jacobite 
principles of the Deputy were considered so objectionable as to 
warrant a refusal to acknowledge his authority. The source also 
from which his authority was derived, may possibly have formed 
a part of the objection. 19 Directly afterwards Edward Hunloke 
was appointed, who continued in office until the province was 
passed into other hands. 20 Either disheartened by the difficulties 
he had experienced or tempted by an offer that would cover the 
"disbursements" he had made, Coxe resolved in the following 
year upon a sale of the whole of his interest in the province. He 
accordingly made an agreement in the year 1691 with a body 
composed of forty-eight persons, designated by the name of the 
"West Jersey Society." To this company the whole of the 
claim of Dr. Coxe, both to government, and property was con- 
veyed, he receiving therefor, the sum of nine thousand pounds 
sterling. In consequence of this agreement, the West Jersey 

18 The period of the appointment of this officer is not entirely determined, but 
it is believed to have been as above stated. 

19 Gordon states that the Deputy was rejected by the Assembly, but at this 
time the Assembly was suspended; it did not meet until 1692« 

20 Hunloke appears to have continued in office after the sale, either by suf- 
ference, or by appointment from the West Jersey Society. In March, 1692, he 
presided in the courts of Gloucester, as Deputy Governor. His name also ap- 
pears as a presiding officer in these courts, and also with the title of Deputy 
Governor, in December, 1692, and in September, 1694, which periods were 
subsequent to the appointment and the arrival of Governor Hamilton. He has 
hence been represented by different authors, as holding the appointment of 
Deputy Governor as late as 1694, which could not possibly have been the case, 
unless by an appointment from Governor Hamilton, and there is nothing what- 
ever to favor the opinion that such an appointment was made by him. But in 
the records of the above court, it is stated at the later periods above mentioned, 
that Edward Hunloke, Deputy Governor, was present, and that a commission 
from the Governor, appointing Edward Hunloke, John Tatham and others, 

Justices of the Peace, was then read. Hence there is reason to believe that 
Hunloke appeared on these occasions, merely as a judicial officer, and that the 
title of Deputy Governor was only continued by courtesy. It is certain thai al 
a still later period he was appointed one of the provincial judges. 



RESUMPTION OF GOVERNMENT IN WEST JERSEY. 267 

Society assumed political power in the province. They set forth 
that "the hereditary government of the province of West New 
Jersey, in America, which by due and legal right was vested in 
Daniel Coxe, Esq., by conveyance duly executed, hath been by 
him assigned and transferred to us." In pursuance of this claim 
the society appointed a committee consisting of ten persons, to 
whom authority was given to nominate and appoint a Deputy 
Governor for the "well ordering and governing the province." 21 
On the 11th of April, 1692, the committee appointed Andrew 
Hamilton to be Governor, and issued their commission to him as 
such. 22 He was to continue in office for one year, and until a 
successor should be appointed. Hamilton arrived in the latter 
part of the same year, and entered at once upon office. The 
character for prudence and moderation which the present incum- 
bent had gained in the neighboring province, together with the 
obvious disadvantage of a continuance in the unsettled condition 
existing at the time, may be supposed to have influenced the people 
to acquiescence in the appointment, and to submit to the authority 
of Hamilton. On the 3d of November, 1 692, the General Assem- 
bly was convened, and legislation was again resumed, being carried 
on in the name of "the Governor, Council, and Representatives of 
the province." 23 At this session several important enactments 
were made. The past proceedings of the people in relation to the 
establishment of county divisions, were recognized and confirmed, 
only, that some alteration of limits was made. The boundary 
between the counties of Burlington and Gloucester was laid down 
anew, which it was said, was to remain "fixed, and recorded, 
firm, and inviolable, from henceforth and forever." This " in- 



31 The committee were Thomas Lane, Robert Hackshaw, James St. John, 
Daniel Coxe, John Jurin, Edmund Harrison, John Bridges, Mord. Abbott, 
William Wrightman, and Robert Michel. 

Book B of Deeds in the office of the Secretary of State, Trenton, p. 287. 

33 Nearly at the same time Hamilton was appointed Governor of East Jersey, 
his commission to that office being given on the 25th of March, in the same 
year. 

33 From some references in the proceedings of the As -embly, it would appear 
that a sitting had been held in May, preceding, but no further record thereof 
exists. 



208 RESUMPTION OF GOVERNMENT IN WEST JERSEY. 

violable" boundary, however, was wholly removed at the next 
sitting of the Assembly, by the entire repeal of the act. A new 
county was also established. Cape May "being- a place well 
situated for trade, and settled by a considerable number of fami- 
lies," was erected into a county, to be called the county of Cape 
May. Courts for the trial of small causes were to be held in the 
new division ; but higher cases were to be heard in the Sessions, 
in Salem. At the next meeting of the Legislature, Cape May 
was more fully admitted to the dignities and privileges of a county, 
by the institution of county courts within its limits, but the juris- 
diction of these courts was limited to the trial of civil actions un- 
der the sum of twenty pounds; at a subsequent period, however, 
(1697,) this restriction was also removed. An enactment was 
passed for raising money by an assessment upon persons, for dis- 
charging public debts, and for paying the Governor. 24 The sum 
of two shillings was to be levied upon every person resident in the 
province, who was sixteen years old and upward. New provisions 
were made in relation to the sessions of the General Assembly; it 
was directed that thenceforward, instead of two yearly sessions, one, 
only, should be held, unless there should be an "immergent occa- 
sion" when the Governor and Council might order a meeting. In 
] 694, further regulations were made for determing the boundaries of 
the several counties. - : ' In consequence of the establishment of these 

» It was said that they were "desirous to present our Governor with one 
hundred pounds." 

■ 6 The two distinctions or divisions formerly called the first and second tenths, 
were laid into one county, named, and to be called the county of Burlington, 
to extend from the River Derwent, formerly called Svmpink, on the north, to the 
River Crapwell, formerly called Pensawkin, on the south. All persons above 
the Sunpink were placed under the jurisdiction of Burlington, until the further 
orders of the Assembly. The two divisions heretofore called the third and fourth 
truths wcie laid into a county to be called the county of Gloucester, to extend 
from the River Crapwell or Pensawkin, on the north, to the River Berkely, 
formerly called Oldman's Creek, on the south. The country formerly included 
within the jurisdiction of Salem Court, was declared a county, to be named the 
county of Salem, to extend from the River Berkely on the north, to the River 
Tweed, formerly called Back Creek, on the south. Cape May was to extend 
from a line across the province formed h\ the Prince Maurice River on the one 
side, and the middlemost great river that runs into the Bay of Great Harbor. 



IMON" OF ^ V. 

divisions, other provisions became necessary for the election of 
Representatives to the General Assembly. Hitherto they had 
been elected in the several tenths, henceforward they were to be 
chosen in the counties. The times and places for holding the 
county elections were prescribed, and also the number of Repre- 
sentatives to be chosen in each. Burlington was to have twenty, 
Gloucester twenty, Salem ten, and Cape -May five. The electors 
wore to be the freeholders within the respective counties, but no 
other qualifications were required in the case of the Representa- 
tives, except that they should be "good and sufficient men." 26 
Authority was given by enactment to raise money for county pur- 
poses ; the levy was to be ordered by the Justices of the county 
courts, or a quorum of them, with the assistance of the Grand 
Jury, at their respective Courts of Quarter Sessions. 27 All the 
officers of the county, however, as had formerly been the case in 
ths tenths, were to be appointed by the Legislature, including the 
Justices, Clerk and Recorder, Attorney, Sheriff, and Coroner; and 
the fees of these several officers were fully prescribed. By an 
enactment made in 1696, provision was made for the permanent 
support of the government by assessments upon real and personal 
property. In carrying out the object, warrants were to be issued 
by the County Courts to the Constable of each precinct, who 
should warn and require the inhabitants within their respective 
precincts, to meet on a certain appointed day, and choose Asses- 
sors and Collectors of taxes, and also to render an account of pro- 
perty. The rates of assessment were determined by law. The 
several Collectors were to pay in the amount received by them, 
to the Provincial Treasurer; and the whole was required to be 
paid in current silver money. Out of the amount thus collected, 
the sum of two hundred pounds was to be paid to the Governor, 

on the other side, and then along a line by the ocean, and the Bay of Delaware. 
The people settled on Egg Harbor, out of the limits above mentioned, were to 
be included in Gloucester, by which provision the jurisdiction of the tatter county 
was extended from the Delaware to the ocean. The territorial extent of the 
counties in an eastern direction was not laid down. 

' By a subsequent enactment they were required to be "freeholders." 
- : In Gloucester, under its independent organization, taxes were levied by the 
Grand Jury alone, and this power was exercised with a good degree of freedom. 



270 RESUMPTION OF GOVERNMENT IN WEST JERSEY. 

and the remainder to be and continue in the hands of the Treasurer, 
at the disposal of the Assembly. By a subsequent enactment, the 
course of procedure above mentioned was changed ; the inhabitants 
in some of the precincts neglecting or refusing to elect the officers, 
and the officers when chosen, neglecting or refusing to perform 
the duties assigned to them, the Assessors and Collectors were 
appointed by the Assembly. 

The religious opinions and views prevailing in the province 
were indicated by an enactment of the same year. "Some per- 
sons, out of a principle of conscience, not having freedom to 
take oaths," it was enacted, that they should not on that ac- 
count be disabled or incapacitated from holding any office within 
the province, or be excluded from any right or privilege, he or 
they signing the declaration of fidelity, and profession of the 
christian faith. 28 

A good degree of order and harmony was now established in 
the province. Governor Hamilton conducted himself in the office 
committed to him, in such a manner as to conciliate the people ; 
in some respects his appointment proved to be a wise and fortunate 
measure. It tended however, to involve the province, in some 
degree, in the difficulties which occurred in the neighboring pro- 
vince: In the history of East Jersey, the removal of Hamilton 
from office by the proprietors, in 1697, with the reasons that led 
to that step, were noticed at length. The proprietary authorities 
in West Jersey appear to have acquiesced, and perhaps directly 

M The declaration was as follows: — "I do sincerely promise and solemnly 
declare, that I will be true and faithful to William, King of England, and the 
government of this province of West New Jersey, and I do solemnly profess 
and declare, that I do from my heart abhor, detest and renounce as impious and 
heretical that damnable doctrine and position that princes ex-communicated, or 
deprived by the Pope, or any authority of the See of Rome may be deprived or 
murdered by their subjects or any other whatsoever. And I also declare, that 
no foreign prince, person, prelate, state or potentate hath, or ought to have any 
power, jurisdiction, superiority, preeminence or authority, ecclesiastical or 
spiritual, with this province." The profession of faith was, "I profess faith in 
God the Father and in Jesus Christ his Eternal Son the true God, and in the 
Holy Spirit one God blessed for ever more, and do acknowledge the Holy 
Scriptures of the Old and New Testament to be given by divine inspiration. 

Grants and Conces&iotis, p. 549. 



RESUMPTION OF GOVERNMENT IN WEST JERSEY. 271 

participated in that procedure, and hence the office of Governor 
was vacated at once in both of the provinces. 29 

Jeremiah Basse, the successor of Hamilton, was appointed by 
the concurrent action of the proprietary bodies in the eastern and 
western provinces, and he entered upon office in both, nearly at 
the same time. But in the latter province, his administration, 
though by no means popular, was far less disturbed than in the 
former. No actual or open resistance to his authority was made. 
The objection made against him in East Jersey on account of the 
want of the necessary confirmation of his commission by the pro- 
prietary body, did not apply in the other province. The lack 
of Royal approbation was not strenuously urged, being apparently 
regarded, rather as a formal, than as an essential defect, and as 
no occasion for the active interference of the Deputy in the affairs 
of the province occurred, there was at least a negative acquiescence 
in his rule. But the fact that no meeting of the Assembly took 
place during the period of his continuance in office, may perhaps 
be considered as evidence that there was but little cordiality and 
confidence between him and the people. It is also stated that 
manifestations of want of respect were frequently exhibited on 
occasions of his presence in the courts ; that officers and jurors 
could scarcely be procured, and that the courts did little more 
than meet and adjourn. 30 

At the departure of Governor Basse for England, in consequence 
of the disturbances which had occurred in East Jersey, Andrew 
Bowne was left in office as Deputy, but if the authority of this 
officer was designed to extend, and did extend to the western 
province, it was so slightly exercised, or so little regarded, that 
no trace of its operation is known to exist. The re-appointment 
of Andrew Hamilton in 1699, brought him again into West Jersey, 
the proprietary or governing body of that province, agreeing and 
acting in the measure. 31 The Governor was well received and 



29 In a joint representation afterwards made by a number of the proprietors 
of East and West Jersey, the removal of Hamilton is referred to, as the act of 
the proprietors of both provinces. Grants and Concessions, p. 592. 

50 Barber and Howe, p. 208. 
'" The West Jersey Society were the actors in these proceeding! . 



'■17'! FINAL SURRENDER. 

the Assembly continued to hold regular sittings; no interruption 
occurred in the transaction of business, or in the appearance of 
harmony between the different brandies of government. The 
salary of the Governor was raised to three hundred pounds, which 
was to be presented and given to him " in token of our good will 
and affection toward him." The "decency and order" of the 
people of the province were appreciated by Governor Hamilton, 
and were considered by him as forming a "good example" for 
the authorities and inhabitants of East Jersey, where the condi- 
tion of affairs was extremely different. But this state of quietness 
was not long continued. The want of the approbation of the 
King to Hamilton's commission, afforded a cause or a pretence 
for opposition, which in East Jersey arose to such a height as to 
threaten the subversion of the government. And some of the in- 
habitants in that province, as has been seen, petitioned the King 
that he would be pleased to appoint a person who was qualified 
according to law, to be Governor. 

The proprietors, threatened on the one hand by a trial at law 
conducted under Royal authority, and alarmed on the other, by 
the disturbances in the province, were meditating a surrender of 
the government. 33 In West Jersey, if the same difficulties did 
not exist at the time, owing to the absence of some of the causes 
which operated in the other province, there was yet but little 
assurance for the future. There also the right of the proprietors 
to the government was to be contested by his Majesty, and it 
might also be brought into question, as it had formerly been, by 
the people of the province. Hence the holders of authority here 
were likewise disposed, if satisfactory conditions could be made, 
to yield up the government. But in the interval exertions were used 
to remove the existing grounds of complaint. A joint petition from 
the proprietors of both provinces was presented to the Lords 
Chief Justices of England. The petitioners set forth that they 
had been legally entitled to the government of these provinces 
and in the exercise thereof, had appointed Governors there, and 
among others had given a commission to Colonel Andrew Hamil- 
ton, who had administered the government to general satisfaction ; 

33 Note in Whitehead, p. 225. 



FINAL SURRENDER. 273 

but as some doubt had arisen whether a native of Scotland could 
properly serve, according- to an act of Parliament, applying- to 
Provincial Governors, they had, to remove all cause or colour of 
offence, removed the said Hamilton from office, and had appointed 
one Jeremiah Basse in his place. But as the latter had not such 
full confirmation of his powers, as was thought necessary, and 
being informed that the former Governor, Hamilton, was not dis- 
qualified on account of his being a native of Scotland, they again 
appointed him to office. But then, upon applying for a con- 
firmation they had learned that their right to the government 
was to be controverted, and that the approbation of the King could 
not be obtained, but that the Lords of trade and plantations were 
of opinion that a commission might be given, and that the 
Governor might safely act in the interim; and he had accordingly 
gone to the province and re-assumed the government. But some 
turbulent persons impatient of any government, had opposed the 
Governor's administration because his commission had not been 
approved according to the letter of the act, and that the public 
peace was violated and public justice obstructed. The petitioners 
declared that they were ready to surrender all their rights of go- 
vernment to his Majesty upon such terms and conditions as would 
secure their properties and civil interests, but besought, that until 
such forms could be agreed upon, for the preservation of order 
and quiet in the provinces, Colonel Hamilton might be confirmed 
in office as Governor. The prayer of the petitioners was not 
successful, no concession in regard to the Governor was obtained. 

It would appear from the above petition that the proprietors in 
both provinces were fully disposed to surrender the government, 
provided the terms could be satisfactorily adjusted, and this was 
the matter to which attention was now particularly turned. In 
their first proposal it was asked by the proprietary body of East 
Jersey that their rights to the lands and soil of the province should 
be secured ; that Perth Amboy should be established as a port, not 
subject to any other, but paying the same or like customs as were 
payable in New York; to have free liberty to trade with the 
natives or other people of America, without interruption ; and to 
have the exclusive right of purchasing lands from the Indians. 
Thev also asked that the regular administration of justice mio-ht 
35 



274 FINAL SURRENDER. 

be continued in the province, so that the people might not lie 
taken, or be obliged to attend elsewhere; that the divisions of the 
province into counties should remain as before, and that the in- 
habitants should not be deprived of any of their civil and religious 
privileges and rights. The Lords of trade and plantations ex- 
pressed a willingness to accede to some of the conditions proposed, 
but decidedly objected to others. ss A modification of some of the 
terms was proposed which might render them less objectionable, 
but a principal one, that which related to the establishment of 
ports, was virtually rejected: it was said that his Majesty might 
accede to it with certain " reasonable conditions," but that it would 
be improper for his Majesty to oblige himself to a compliance 
therewith. 34 This was deemed by the proprietors to be an impor- 
tant point, and in a second communication they stated, that they 
were surprised at the dubious answer of their Lordships concerning 
the establishment of a port at Perth Amboy; that they had sup- 
posed that the principal objection to the allowance of a port in East 
Jersey arose from the non-payment of customs there, and the 
detriment done thereby to New York, which objection it was 
thought would be removed by the offer to pay the same customs 
as were payable at New York ; and they considered themselves 
to be equally entitled to his Majesty's favor and protection, and 
to the enjoyment of privileges in trade as others. They also 
stated, that the obtaining a port to be continued forever was their 
main inducement to consent to a surrender of their government; 
that this was the only thing which could make the province of 
any value to the proprietors, or give them hopes of re-imbursing 
their purchase money and other expenses, and that if this privilege 
covdd not be allowed, the proprietors could not be accessary to 
their own ruin by a voluntary surrender; but must endeavour to 
vindicate their rights in a legal manner. But they mentioned that 
if the condition in respect to a port should be granted, little diffi- 
culty would be made in adjusting the other particulars. It is not 
easy to perceive what were the reasons of the opposition to this 

33 "The Lords Commissioners of Trade and Plantations," were a board estab- 
lished by King William soon after his accession, for directing the affairs of the 

colonies. 

34 Grants and Concessions, p. 594. 



FINAL SURRENDER. 275 

particular demand of the proprietors ; upon the conditions pro- 
posed, the grant could not have operated to the lessening of his 
Majesty's revenues. But the interest of New York, which might 
have been affected by the establishment of a port upon any con- 
ditions, in East Jersey, may possibly have still been urged as of 
superior importance. His Majesty had been willing to favor 
New York at the expense of the neighboring province, and had 
given instructions which tended to such a result. A trial too was 
then pending, conducted as between the authorities of New Jersey 
and New York, in which the privileges of the former in regard to 
ports were in issue. 35 These privileges were afterwards confirmed, 
but with little benefit to the gaining party: the decision substan- 
tiated the claims of New Jersey under its own government; 
but it did not delay, indeed it may only have hastened, the move- 
ment which was directed by his Majesty's order, against the 
government itself. This, the proprietors probably perceived, and 
hence their inclinations respecting a surrender of the government 
upon suitable terms were not changed by the decision. A new 
memorial from the proprietors of East and West New Jersey 
was soon afterward prepared. They now set forth that though 
they were advised that their rights to ports and their administra- 
tion of government in their respective provinces was fully asserted 
in the late trial in the Court of King's Bench, yet they were still 
prepared and were desirous to surrender the right of government; 
in hope and confidence that as his Majesty's Royal wisdom had 
prompted him to resume the proprietary governments into his 
own hands, his justice and goodness would incline him to grant all 
reasonable privileges and rights. They proposed and prayed that 
his Majesty would confirm their lands and quit-rents; the sole 
power of purchasing lands from the Indians ; liberty of trading 
with the Indians as was enjoyed in other provinces; that the Port 
of Perth Amboy, in East Jersey, and the ports of Burlington 
and Cohansie, in West Jersey, might be established forever, so 
that no ships bound to those places, should be obliged to enter 

35 The suit arose out of occurrences which took place when Basse was Gover- 
nor of East Jersey, and Lord Bellamont of New York, and the suit was nomi- 
nally between them. The particular cause was the seizure of the vessel by the 
Governor of New York, which has heretofore been noticed. 



276 FINAL SURRENDER. 

elsewhere, and that East and West New Jersey might be erected 
into one distinct government, and have one General Assembly. 
They proposed that the General Assembly should consist of thirty- 
six Representatives, to be chosen, two by the inhabitants'; house- 
holders of the city or town of Perth Amboy, in East Jersey; two 
by the inhabitants, householders of the city or town of Burlington, 
in West Jersey; sixteen by the freeholders of East Jersey, and 
sixteen by the freeholders of "West Jersey; but that no person 
should be capable of being elected a Representative who should 
not have one thousand acres of land in his own right within the 
province for which he Was chosen, and no freeholder be capable 
of electing who should not have one hundred acres of land. They 
asked that no appeals to the King should lie, in personal actions, 
in cases of less than two hundred pounds ; that all Protestants 
should be exempt from all personal laws relating to religion ; and 
that the proprietors might be allowed to nominate the first Gover- 
nor. 36 Following upon this memorial was a representation from 
the Lords of trade, to their Excellencies the Lords Justices. In 
this, a recital was given of the several grants upon which the titles 
and claims of the proprietors were founded, and also of the diffi- 
culties and differences that had occurred in the provinces. Their 
Lordships doubted whether any sufficient form of government had 
ever been settled, and that the "pretended right" to govern had 
been surrendered to his late Majesty King James, by the pro- 
prietors of East Jersey, 37 in the year 1688. But that since his 
present Majesty's accession, the proprietors of both East and 
West Jersey had continued to challenge the same right as before, 
and that several Governors had been appointed under their au- 
thority. But that the people of East Jersey in a late petition to 
his Majesty, had complained of several grievances, and of the 
neglect and mismanagement of the proprietors; and that it ap- 
peared from divers representations, that the provinces were in a 
state of confusion and anarchy. That the proprietors themselves, 
or a number of them, sensible of the necessity of his Majesty's 
authority, had presented memorials, in which, though the memo- 

*This memorial was dated August 12th, 1701. Grants and Concessions,^. fiOl. 
" The surrender in West Jersey was not mentioned. 



FINAL SURRENDER. iti 

rialists "seemed" to assert a title to government, yet declared 
themselves willing to surrender the same to his Majesty upon such 
terms and conditions as would secure their civil interests and their 
property, and also that the proprietors of East Jersey residing in 
the province, had sent over an agent and attorney with authority 
to offer an absolute and unconditional surrender so far as they 
were capable of making it. 3S That it was the desire of several 
of the proprietors, that the Governor in office, Colonel Hamilton, 
might be confirmed therein, until further measures could he taken, 
but that others opposed his confirmation. Their Lordships then 
stated, that they were not satisfied that the grants that had been 
made by the Duke of York to the proprietors, being without any 
direct and immediate authority from the Crown, were, or could 
be of any validity to convey a right of government, that being (as 
they were informed) inalienable and not to be assigned to any 
other, much less divided and subdivided; and that for this reason 
they had advised his Majesty that a trial should be had in West- 
minster Hall, in order to test the right in question. But as no 
determination had yet been made, and as the provinces had fallen 
into such disorder and confusion that the public peace, and the 
administration of justice were interrupted and violated, they were 
of opinion that it was very expedient for the preservation of those 
territories to the Crown, and for securing the private interests of 
the persons concerned, that his Majesty should constitute a 
Governor by his immediate commission, and that a regular con- 
stitution of government should be established. They also recom- 
mended that draughts of such commission and constitution might 
be prepared, that they might be shown to the proprietors, in order 
to their acquiescence, and to the surrender of their "pretended 
right of government" in such manner as might be effectual in 
law. 39 As a mere historical summary, this memorial from their 
Lordships may not be open to serious objection. But in other 
respects, the view it presented was far from correct. The allega- 
tions in regard to the insufficiency of the grants from the Duke of 
York were wholly unfounded. The King of England had con- 

3= No mention is elsewhere made of such a proposal. 
58 Grants and Concessions, p. 603. 



278 FINAL SURRENDER. 

vcyed the country to the Duke and in a manner that was war- 
ranted by the customs of the realm; he had conferred upon him 
proprietary rights and authority, in accordance with established 
usage, he made the property and the power he granted, transfer- 
able to "heirs, deputies, agents, commissioners and assigns." 
To allege that the right of government held under such a grant, 
was "inalienable from the person to whom it is given," was 
little short of maintaining a direct contradiction. If there was 
any defect, it must have been in the right of the King to make 
such a conveyance; but, as has just been remarked, he was 
warranted in the act by established custom. It is probable, 
however, that the allegation above mentioned was no more than a 
mere pretence. The privileges held and claimed by the proprie- 
tors, were thought to be detrimental to his Majesty's interests, 
especially the privilege of ports ; and to enable his Majesty to re- 
sume authority, either by forcing the proprietors to make some 
concessions, or otherwise, to deprive them of the government 
entirely, may be supposed to have been the real motive that 
prompted the proceeding. The memorial, too was somewhat dis- 
engenuous in the statement, that no sufficient form of government 
bad ever been settled in the provinces, and also in relation to the 
circumstances of the former surrender of government, and of those 
wbich caused the present proposal to surrender. In regard to the 
present proposal, the measure which the Lords Commissioners 
had recommended, to "test" the proprietary rights, was no doubt 
productive, in part, of the expected effect. It evidently put the go- 
vernment in jeopardy, for though the apparent ground of the pro- 
ceeding seemed wholly untenable, yet, in the disposition that then 
prevailed the issue of a trial was doubtful ; and a surrender upon 
determined conditions, was probably considered a more prudent 
course, than to incur the hazard of a decision by law. The con- 
fusion and disorder prevailing in East Jersey was also a principal 
motive to the measure. If the government could be saved to the 
proprietors in a decision by law, it might still be taken by violence ' 
and force. Many of the people were resolved to resist any rule 
which should call in question their titles to land, and demand the 
payment of rents; and numbers, who had hitherto been quiet, 
making an advantage of the confusion of the times, were taking 



FINAL SURRENDER. 279 

up lands upon the Indian right, and thus arraying themselves in 
opposition to government. Difficulties too, had occurred in the 
administration of government, which, under the circumstances of 
the time, the proprietors were unable to remove, and thus new 
causes or occasions of dissension had arisen. 

In West Jersey the circumstances were so far similar as to lead 
to a general concurrence of action. The claim to government in 
that province was equally involved in the pending trial. The actual 
internal condition of the province was far more favorable ; it was 
entirely free from a source of dissension which had proved most 
fruitful in the other; there was no dispute concerning the titles to 
land, all the lands had been purchased from the natives by the 
proprietors, and were conveyed by them to the people, by regular 
grants. But serious difficulty had occurred from a different source. 
For some time the government had stood upon disputed ground ; 
the people were not now in active opposition, there was even an 
appearance of satisfaction ; yet, as the nature of the relations be- 
tween the people and the claimants and possessors of power con- 
tinued unchanged, there was nothing to give an assurance of con- 
tinued tranquility. An additional reason operating in both of the 
provinces, was the state of the proprietary bodies themselves; they 
were divided in situation, some of the members remaining in 
England, and others in the provinces, and this, together with the 
increase in their numbers, and the consequent division of interests 
and of views, rendered it scarcely possible to maintain the neces- 
sary union and concert in action. 

The recommendations contained in the memorial of the Lords 
of trade were acceded to, and carried into practice. A plan of 
government contained in a commission and instructions for a 
Governor, were prepared, by order of their Excellencies the 
Lords Justices, and were offered to the consideration of the pro- 
prietors of the provinces, and received their unanimous approval; 
permission" was also given to them, agreeably to their request, 
to name a person to be appointed by the King, as Governor; 
but they were unable to agree in the recommendation of any 
individual. The plan of government was also submitted to the 
King with a humble request from the Lords of trade, that his 
Majesty would be pleased to confirm it, and to appoint some 



280 FINAL SURRENDER. 

person as Governor who was wholly unconcerned in the fac- 
tions that had divided and distracted the provinces. 40 The arrange- 
ments for the contemplated change were not fully completed when 
the death of William, the English King, which occurred in 
March, 1701-2, suspended the proceedings. But soon afterwards, 
upon the accession of Queen Anne, the business was resumed 
and was quickly perfected. The act of surrender was designated 
as "The Surrender from the Proprietors of East and West 
New Jersey, of their pretended right of Government, to her 
Majesty." It was dated April 15th, 1702. In this instrument 
the proprietors of the said provinces surrendered and yielded up 
"and by these presents do surrender and yield up to our Sovereign 
Lady Anne, by the Grace of God, Queen of England, Scotland 
and Ireland, defender of the faith, all the powers, authorities 
and privileges of, or concerning the provinces aforesaid." The 
act was signed by twenty-two persons for the eastern province, 
and by thirty-two for the western. Two days afterwards the 
government was formally accepted by the Queen, at the Court of 
St. James', in the presence of the principal persons of the court, 
some of the proprietors themselves presenting the instrument. 
Her Majesty then gave orders that the deed of surrender should 
be enrolled in her Majesty's High Court of Chancery. 

40 Smith's New Jersey, p. 261. 



CHAPTER XV 

NEW CONSTITUTION OF GOVERNMENT. LORD CORNBURy'.S ADMIN- 
ISTRATION. 

"The surrender of the Jersies," said William Perm, "is an 
ugly preface." By this expression he probably meant to convey 
the idea that the surrender was of evil augury, in regard to the 
interests and the permanence of proprietary governments. But 
it was not the proprietary or governing interest alone, that was 
concerned in the change ; the condition of the people at large was 
materially affected thereby. It has been seen that the projected 
system of government received the approval of the proprietary 
bodies, and some of its principal provisions appear to have been 
adopted upon the suggestions they made. Whether the authority 
of these bodies was such as to render them competent to dispose 
anew of the rights they had heretofore granted; whether in the 
act of surrender the privileges formerly enjoyed by the people, 
were placed at the foot of the throne, to be re-granted or withheld 
according to the royal discretion and will, are questions which 
might admit of protracted debate. But whether as a measure of 
right, or of mere authority, the new Constitution of government 
was at once established. It was promulgated on the 16th of 
November, 1702, being contained in a commission and instructions 
given to Edward Hyde, Lord Cornbury, to whom its administra- 
tion was entrusted. 1 Lord Cornbury was appointed as Governor 
both of New York and New Jersey. His commission in the lat- 
ter gave him the style of "Captain General and Governor-in- Chief 
in and over the province of Nova Caesarea, or New Jersey, in 
America.'" 



' Lord Cornbury had been proposed as Governor before the death of King 
William, but received his appointment from Queen Anne, to whom he was re- 
lated; he was the grandson of the Earl of Clarendon. 
36 



282 NEW CONSTITUTION OF GOVERNMENT. 

By the new plan, East and West New Jersey were fully 
united and incorporated together as one province, and made sub- 
ject to one government. The government of the province of New 
Jersey was to be vested in a Governor, Council and General As- 
sembly. The Governor was to hold office at the pleasure of the 
Crown. The Council were appointed by the same authority, 
but the members of Council might be suspended for just cause, 
by the Governor, who might also nominate to office, and appoint 
members to serve in cases of death or absence, subject to royal 
confirmation; but the number could not be augmented or lessened 
by him. The General Assembly was to consist (according to ad- 
ditional instructions afterwards given by the Queen.) of twenty- 
four Representatives, to be chosen, two by the inhabitants house- 
holders of the city or town of Perth Amboy, in East Jersey; two 
by the freeholders of each of the five counties of the said division 
of East New Jersey; two by the inhabitants, freeholders, for the 
city or town of Burlington, in AVest New Jersey; two by the in- 
habitants, householders of the town of Salem, in the said division, 
and two, by the freeholders of each of the four counties in the said 
division of West New Jersey. No person could be elected a 
Representative who had not a freehold estate in his own right, of 
one thousand acres of land, within the division for which he 
should be chosen, or personal estate to the value of five hundred 
pounds sterling ; nor could any person vote in an election for 
Representatives who should not be- possessed of a freehold estate 
in his own right, of one hundred acres of land within the county 
in which he should vote, or personal estate to the value of fifty 
pounds sterling. The Assembly was to be called, and to sit, 
alternately at Perth Amboy, in East New Jersey, and at Burling- 
ton, in West New Jersey. 2 The number of the members of the 
General Assembly, or the manner of choosing them was not to be 
changed except by an act of the Assembly, and confirmed by 
Royal approbation. The Representatives chosen were to take 
the oaths required by act of Parliament, without which they were 
not to be capable of sitting. The Assembly was to be convened 

u In cases of "extraordinary necessity," the Governor, with the advice of his 
Council, might appoint the meetings differently. 



NEW CONSTITUTION OF GOVERNMENT. 



283 



by the authority and order of the Governor, with the advice of his 
Council, from time to time as need should require, and the Gover- 
nor might adjourn, prorogue or dissolve it according to his discre- 
tion. It was prescribed that in enacting laws, the style used should 
be, "by the Governor, Council and Assembly," and full power 
was given to enact all laws, statutes and ordinances, for the peace, 
welfare and good government of the province; such laws and 
statutes not being repugnant to, but as near as may be agreeable 
to the laws and statutes of the kingdom of England. 3 

The Governor was directed to propose to the General Assembly 
and to use his "utmost endeavours" with them, that an act should 
be passed for raising and settling a public revenue, for defraying 
the charges of government, including particularly a competent 
salary for himself as Captain General and Governor-in-Chief of 
the province. He was also instructed, in order to the quieting the 
minds of the people, and for settling the properties and posses- 
sion of all persons, either proprietors under the original grant of 
the province, or purchasers from them, to propose the passing of 
an act or acts, whereby the rights and property of the proprietors 
of the soil might be confirmed to them, according to their respec- 
tive rights and titles; together will all quit-rents that have been 
reserved or that were, or should become due. Care was to be 
taken that no other persons except the general proprietors or their 
agents should be permitted to purchase any land whatsoever from 
the Indians within the limits of their grants, and the Governor 
was to permit the Surveyors and other persons appointed by the 
general proprietors to execute their respective trusts, and if neces- 
sary, to give them assistance, such persons taking proper oaths 
for the due fulfilment of their offices, and also the oaths appointed 
by acts of Parliament. 

In settling a revenue, it was to be proposed to the Assembly 
that such customs and duties should be laid upon commodities 
imported and exported, as were laid upon similar commodities in 

3 It was also provided that all laws of what nature or duration soever, should, 
within three months or sooner after the making thereof, he transmitted for ap- 
probation, and all sueh as wen 1 not approved, and the approval signified under 
the Royal sism, manual and signet, or by order of the Privy Council, should 
become utterly void, and no effect. 



284 NEW CONSTITUTION OF GOVERNMENT. 

New York. 4 The Governor was required not to permit any 
clause to be inserted in any law for levying money, or the value 
of money, whereby the same should not be made liable to be ac- 
counted for in England, to her Majesty's High Treasurer, or the 
Commissioners of the Treasury; nor to suffer any public money 
to be issued or disposed of, otherwise than by warrant under his 
hand, by and with the consent of the Council. 

To the end, that nothing should be done "to the prejudice of 
our heirs and successors," it Avas ordained, that the Governor 
should enjoy a negative power in making and passing all laws, 
statutes and ordinances. He was also empowered, with the advice 
and consent of the Council, to erect, constitute and establish such 
and so many courts of judicature and public justice, as he and they 
might think fit and necessary, and to determine the authorities, 
fees and privileges belonging to them ; the proceedings in these par- 
ticulars being subject to her Majesty's approval. The Governor 
was also authorized to appoint Judges, Justices of the Peace, and 
other officers for the administration of justice, and for putting the 
laws in execution. He might pardon all offences against the 
laws, (except in cases of treason or wilful murder, when re- 
prieves only could be granted,) and remit all forfeitures and 
fines. He was empowered to provide for the defence of the pro- 
vince, to execute martial law in cases of invasion or insurrection, 
and to do every other thing that might of right appertain to the 
office of Captain General and Governor-in-Chief. In case of the 
death or absence of the Governor, his duties were to be performed 
by a Lieutenant Governor, commissioned by the Crown, and if 
no such officer should be in the province, the oldest Councillor, 
whose name was first placed upon the Governor's instructions, 
should take upon him the administration of government. 

Certain general provisions in relation to the privileges of the 
people were also contained in the instructions. No man's life, 
member, freehold or goods, should be taken away, otherwise than 



1 Tt was said (hat "the trade and welfare of the province of New York would 
lie greatly prejudiced, if not entirely ruined, by allowing to the inhabitants of 
New Jersey any exemption from those charges which the people of New York 
were liable to." 



NEW CONSTITUTION OF GOVERNMENT. 285 

by established and known laws, and liberty of conscience was to 
be allowed to all persons, (except Papists,) who should conduct 
themselves in a peaceable and quiet manner without giving offence 
or scandal to the government. Those persons in the province 
who made a religions scruple of swearing, were to be relieved, by 
allowing them to take a solemn affirmation instead of an oath. 
Due encouragement was to be given to merchants and other 
traders, and especially the Royal African Company of England; 
and it was recommended to the company that the province should 
be constantly supplied with "merchantable Negroes," at moderate 
rates. Laws should be passed to discourage inhuman severity 
against Indians and Negroes, and the best means were to be used 
for their conversion to the Christian religion. The Governor 
was to take care that God Almighty should be devoutly and duly 
served throughout his government, to which end, a special form of 
service, with the doctrine and discipline of the Church of England, 
was to be encouraged and maintained. 

The bearing of the new government upon the condition of the 
parties concerned, may be readily perceived. The former pro- 
prietary bodies had lost a claim to authority which they had 
scarcely been able, if greatly desirous, to retain and enforce ; but 
they were now to be secured under royal assurance and direction, 
in the enjoyment of property. The people generally gained nothing 
whatever, but were losers in many particulars. The government 
was far less favorable to popular interests and rights than those 
which had previously existed. The Representative body in re- 
gard to their meetings and sittings were made wholly dependent 
upon the will of the Governor. The establishment of courts and 
the determination of their respective powers, with the salaries and 
fees of the officers were to be regulated by the Governor and 
Council; the people, or their Representatives, were allowed 
scarcely any part or power in the institution and control of the 
judiciary department of government. The public revenues were 
to be raised and disposed of, under strict accountability to the 
Governor, and the authorities in England; the independent action 
of the popular Representatives in matters of revenue, extended 
little further than to fix and determine the amount of grants. The 
complete religious freedom formerly enjoyed, was reduced to an 



28G lord cornritry's administration. 

imperfect toleration. Papists were wholly excepted from the grant 
of liberty of conscience, and the influence and patronage of govern- 
ment was to be given in favor of a particular church. 5 

The institution of slavery, which though formerly existing, had 
not been fostered, was now urged upon the province by royal re- 
commendation. As a still more decisive mark of the character 
and temper of the government, a direction was given, that "foras- 
much as great inconveniences may arise by the liberty of printing 
in our said province, you are to provide by all necessary orders, 
that no person keep any press for printing, nor that any book, 
pamphlet, or other matters whatsoever be printed without your 
especial leave and license first obtained." 

Lord Cornbury arrived in New Jersey in August, 1703. The 
Council had already been appointed. 6 His instructions required 
that he should convene his Council and "with all due solemnity" 
cause the commission he had received to be read and published 
at their meeting, and also that proclamation thereof should be 
made throughout the whole of the province. This being done, an 
order was issued for the choice of members of the General As- 
sembly, and the Representatives elected convened at Perth Amboy 
on the 10th of November, 1703. Nearly the whole number 
allowed, had been chosen, and were in attendance. 7 Thomas 
Gardiner, a Representative from the town of Burlington, was ap- 
pointed Speaker. 

The change that had taken place in the character of government 
was indicated by the manner of proceeding at the opening of the 

5 The Churches already built were to lie well kept, and others erected; a 
competent maintenance to be assigned to the minister, a convenient house built 
for his accommodation, at the common charge, and a sufficient proportion of 
land be assigned for his use. The Governor was empowered to prefer any 
minister to any ecclesiastical benefice in the province, provided however, that a 
certificate should first be had from the Right Reverend Father in God, the Lord 
Bishop of London, of his being conformable to the Church of England. 

6 The Council had been appointed by the Queen. They were Edward Hun- 
loke, Lewis Morris, Andrew Bowne, Samuel Jenings, Thomas Revell, Francis 
Davenport, William Pinhorne, Samuel Leonard, George Deacon, Samuel 
Walker, Daniel Leeds, William Sanford, and Robert Quarry. 

* Twenty -three members were present. The names are given in Smith's 
New Jersey, p. 276. 



LORD CORNBURY's ADMINISTRATION. 287 

session ; the forms of address expressive of deference to the re- 
presentative of royalty, were adopted by the Assembly in address- 
ing the Governor. They asked that the members, with their 
servants, might be free from arrest or molestation during the con- 
tinuance of the session ; that they might have free access to his 
Excellency's person, as occasion might require ; that they might 
have liberty of speech, and a favorable construction of all debates 
that might arise; and that if any misunderstanding should occur 
between the Council and the House, that a committee of the 
Council might be appointed to confer with a committee of the 
House for adjusting all differences. These requests were granted 
by his Excellency, excepting the last, which was denied as being 
"an innovation." 

The Governor proceeded to explain his situation and aims, in 
a speech to the Council and Assembly. He stated that her most 
Gracious Majesty had been pleased to honor him with the trust 
of government, and had commanded him to assure them of her 
protection ; he set forth, that under her auspicious reign they 
might enjoy all the liberty, happiness, and satisfaction that good 
subjects could wish for, and he did not question but that they 
would do all that could be required of faithful subjects. He re- 
commended that they should endeavour "heartily and seriously" 
to reconcile the unhappy differences that had heretofore existed ; 
stated that they were now met for the purpose of passing such 
laws as might conduce to the quiet and welfare of the province; and 
that he was commanded to recommend to them to raise a revenue 
for the support of the government, and to settle the right and 
property of the general proprietors to the soil of the province, 
according to their respective titles, together with their quit-rents 
and other privileges. 

The reply of the Representatives Avas marked by a degree of 
warmth and courtesy, that would almost seem to have exceeded 
the limits of prudence. They returned "hearty thanks" for his 
Excellency's kind expressions, and said they were assured that 
the proprietors, by their surrender of the government, had put the 
people and province in much better circumstances than they were; 
the former rulers not being able to give protection "from the 
villanies of wicked men," and they said, that having an entire de- 



288 lord cornbury's administration. 

pemlence upon her Majesty, and relying upon her protection, 
their best endeavours should not be wanting to accomplish those 
things that would give her content, and be to her honor. 

The change of government that had occurred might have seemed 
to be the cause of satisfaction in view of the disorders that had 
formerly prevailed in the province, but the cost of the restoration 
of order was yet to be determined. If quiet was to be secured by \ 
the exercise of arbitrary power, there would be but slight occasion ' 
for rejoicing on account of the change. That such, to a great ex- 
tent, was likely to be the case, under the administration of Corn- 
bury, was not long in appearing. 

The recommendations of the Governor were acceded to by the 
House by the preparation of bills upon the subjects he had men- 
tioned, and they were directly presented to him for approval; bat 
only one received his assent. 8 The others were not so framed as to 
correspond with his views. On the 13th of December, the House 
was prorogued; his Excellency expressed his regret that the bills 
prepared could not have been despatched, but that the matters 
contained in them were "of so great moment, the difficulties so 
many, and the time so short that it was impossible to finish." 
The authority which the Governor was disposed to exert in 
directing and controlling the legislative body, was thus exhibited 
at the beginning of his course. 

The next sitting of the Assembly was held at Burlington, be- 
ginning on the 7th of September, 1704. The Governor again 
presented to the body the particulars formerly brought to their 
notice, urging especially the enactment of laws for determining 
the rights of the general proprietors, and for raising a fund for the 
support of the government. Some occurrences had also taken 
place which afforded an occasion to represent, that a necessity 
existed for raising a military force. All these were matters with 
which the Governor had been charged in his instructions, and his 
bringing them before the Assembly was no more than an act of 
official duty. But they were also matters of difficulty. From 
the very beginning of the province the proprietary rights and 

s This was an act prohibiting the purchase of land from the Indians by any 
except the proprietaries. 



LORD CORNBURy's ADMINISTRATION. 389 

claims had been a subject of dissension, and in East Jersey these 
claims had been a principal cause of disturbance and of the oppo- 
sition of the people to the proprietary government. Yet now it 
was proposed that they should be confirmed by the new authori- 
ties. The claims were just, and it may be that the members of 
the Assembly themselves were not averse to such a confirmation, 
but whether so or not, they could not but feel a degree of embar- 
rassment on account of the state of popular opinion and feeling. 
The support of government was a subject of scarcely less diffi- 
culty. The weight of government in a pecuniary sense, had hither- 
to been light; the burden of heavy salaries was unknown, and 
such an amount as would be answerable to the Governor's 
views, might prove to be productive of much discontent. In re- 
gard to the provision for a military force, a degree of caution was 
also required. A strong feeling averse to all such measures ex- 
isted in a portion of the province, and this feeling would not be 
likely to yield, except to a very limited extent, to the reasons for 
the present demand. 9 Hence the action of tbe Assembly upon 
the business before them was somewhat hesitating and tardy. 
They finally resolved upon raising the sum of thirteen hundred 
pounds per annum for the support of government, to continue for 
the term of three years. But the Governor expected and re- 
quired a far larger sum, and manifested his dissatisfaction in a man- 
ner extremely imprudent and hasty. 10 He abruptly dissolved the 
Assembly, and issued a direction for the choice of a new House, 
to meet on the 13th of November following. By these steps he 
not only precluded action upon the other matters before the As- 
sembly, but excited feelings little favorable to future harmony be- 
tween the different branches of government. 11 His subsequent 

9 A French privateer had appeared on the coast and had committed some 
depredations. The Governor required that a watch house should be erected, 
and a general militia law be passed. Smith? s New Jersey, p. 282. 

10 Gordon states that the Governor required the sum of two thousand pounds 
per annum for twenty years. 

" It will subsequently appear that beside the displeasure of the Governor on 
the account here mentioned, an additional reason was supposed to exist for his 
hasty dismissal of the House. It was suspected, or was alleged, that he was 
not really desirous himself, that the House should proceed in the matter relat- 
ing to the proprietary rights- 
37 



290 



LORD CORNBURY S ADMINISTRATION 



proceedings were not more wise. With a view to procure a 
House more liberal or compliant in temper, the election was "in- 
dustriously managed." But the "management" not being suc- 
cessful in securing a majority of members supposed to be favorable 
to the Governor's views, another expedient was resorted to. By 
the advise of his Council, a resolution was taken ibat some of the 
members lately elected should not be admitted to their seats, upon 
the pretence that they were not possessed of the amount of pro- 
perty required in the constitution of government. Accordingly, 
when the members presented themselves, the oaths were refused 
to three individuals, Thomas Gardiner, Thomas Lambert and 
Joshua Wright, members elect from the western portion of the 
province. They were therefore prevented from taking their seats. 12 
It is somewhat difficult to bring the mind to the belief that so un- 
worthy a course of procedure, could be devised, and carried on to 
completion. But the fact of the rejection of the members is quite 
indisputable, and that it Avas done to secure a subservient House, 
is the judgment that history has given. The immediate object 
proposed was attained. By the rejection of the three individuals, 
a majority was secured prepared to second the demands of the 
Governor, as well as to gratify his weak ambition. He was com- 
plimented by the House, whose privileges he had outraged, for his 
mode of conducting the government; it was carried on, as they 
said, " with great diligence and exquisite management to the ad- 
miration of his friends, and the envy of his enemies." The 
measures of such an Assembly might be expected to be compliant. 
The sum of two thousand pounds per annum was granted for two 
years, for the support of government. An act establishing a militia 
was agreed to, with provisions so rigid, as afterwards gave rise to 
well founded objection and opposition; an act of amnesty for 

12 Members when elected were not allowed to take their seats until the oaths 
had been administered. In this particular the Governor was warranted in his 
acts by his instructions, so also he was in regard to the property qualifications 
of the members. But the cases in question were prejudged. The Governor 
acted without any examination, upon the mere information or advice of his 
Council, or some of them. Still more, there was nothing in the Governor's 
instructions giving to him the power to make an examination and decision in 
such cases. 



lord cornbury's administration. 291 

all offences committed during the disturbances that had formerly 
occurred in the province, was also passed. Some other enact- 
ments were made which, without a knowledge of the particular 
circumstances and movements of the time, would seem little 
consistent with the general course of the Assembly, or with the 
views of the Governor. A bill was prepared and passed, re- 
moving the restrictions in regard to the qualifications of electors 
and the elected, so far as to admit all freeholders, and also 
declaring that the Representatives met in General Assembly, 
were, and should be the judges of the qualifications of their 
own members. This enactment was probably partly designed 
as a means of reducing the proprietary interest and influence, 
as well as to define the rights of the Representatives. 13 In ac- 
cordance with their declaration, the House proceeded, after some 
delay, to an inquiry in reference to the cases of the excluded 
members, and decided that they were properly qualified, and 
made a request to the Governor that they might be sworn, a 
request however, which was not complied with until the next 
meeting of the Assembly, when there was nothing to be gained 
by a longer exclusion. The course of the Governor in the 
several proceedings just noticed, excited much dissatisfaction. 
The feeling of discontent that arose was not confined to the parties 
immediately concerned ; it extended in a short time to the pro- 
prietary bodies, by whose instrumentality in part, the government 
had been introduced and established. Their own advantage and 
credit, as well as a degree of sensibility to the interests of the colo- 
nists, made them observant of the course of affairs ; and the pro- 
prietors of the western division addressed a memorial respecting 
the transactions that have been mentioned, to the Lords Commis- 
sioners of trade and plantations. They acknowledged that the 
government had been instituted in accordance with the proposals 

13 An analysis of the proceedings of the time would lead to the conclusion, 
that there was a balancing of interests between the Assembly and the Governor. 
The latter had been anxious to obtain a House that would give an increase of 
revenue, and in this he was successful. But it would seem that the prevailing- 
interests in the House was opposed to the ancient proprietary claims, which 
the Governor had been instructed to protect, but he yielded in one particular, in 
order to secure a gain in another. Smith's New Jersey, p. 339, 



292 lord cornrury's administration. 

previously made, but they stated, that the administration thereof 
had differed much from their expectations. That they had relied 
upon the grant of a free Assembly, as the chief security of their 
estates in the province, but that this part of the constitution had 
been virtually destroyed. That the first Assembly had been dis- 
solved because they declined to grant the amount required by the 
Governor, and that many artifices had been used to procure 
another more to his humour, and in particular, that three of the 
members returned, had been objected to, and prevented from enter- 
ing the House, upon groundless pretences. This, the memorialists 
conceived was an invasion of the rights of the Assembly, and if 
tolerated, would place the whole government in the hands of the 
Governor. That by this procedure a majority was given in the 
House who gratified the Governor in granting a revenue, but had 
made an enactment placing the right of choosing and being chosen 
to the Assembly in all freeholders, which act the Governor had 
no authority or color from his instructions, to pass. Such an act 
they regarded as injurious to them, as it would lead to the election 
of Representatives who were unfavorable to their rights and in- 
terests. That contrary to the instructions given him, the Gover- 
nor had also assented to an act for taxing unprofitable lands, on 
account of which many persons who had agreed to purchase had 
renounced their contract, and that the Governor had also assumed 
the power of granting fees for patenting lands. These acts they 
said, were so contrary to the terms of the surrender, and to the 
assurances given at the time, and to the terms of the Governor's 
instructions, that they thought it not improper to protest, and they 
did protest, against the proceedings of the last Assembly, the 
country not being duly represented therein, and they asked the 
interposition of her Majesty, that the acts passed by the Assembly 
should not be confirmed. 

At the meetings of the Assembly in 1705 and 1706 nothing of 
importance was transacted. 

During this period the Council of Proprietors of the western 
division of the province (whose constitution has heretofore been 
noticed) continued to hold their meetings, and to transact business 
in the same manner as before the surrender of government. 
Governor Cornbury conceived that the action of this body inter- 



LORD CORNBURY's ADMINISTRATION. 293 

fered with his authority or interests. Hence, upon their meeting 
in 1706, various inquiries were directed to them concerning their 
proceedings, which not being answered in a manner to satisfy his 
Excellency, he summoned them to meet him at a time prescribed. 
At this meeting he demanded an explanation of their powers, and 
objects. In answer to his demand they prepared a statement, set- 
ting forth the constitution and establishment of the body; that they 
were entrusted with the management of all affairs relating to the 
landed interests of the proprietors ; that they purchased land from 
the natives, ordered surveys, granted warrants, and inspected the 
rights of the several claimants. The Governor was not yet satis- 
fied, and prohibited the Council from a further exercise of their 
powers in granting lands. 

At the expiration of the time for which the revenue for the sup- 
port of government had been granted, it became necessary that an 
Assembly should be called; an election was accordingly ordered, 
and the Representatives were directed to convene on the 7th of 
April, 1707. 

The occurrences which had now taken place were sufficient to 
give a clear manifestation of the state of affairs in the province. 
It was easy to perceive the nature of the "protection" which was 
to be experienced under the new government, it was sufficiently 
apparent that the liberty which had formerly been enjoyed by the 
people, and which by some had been abused, was now to be 
greatly restricted. But the temper of the colonists did not dispose 
them to easy acquiescence, and among the members in the new 
Assembly were individuals who were true Representatives of the 
people, not only in a political capacity, but also in regard to their 
feelings and their character. They were perfectly acquainted 
with the interests of their constituents, and strong, both in ability 
and in resolution, to maintain them. Among these persons, 
Samuel Jenings, from the western division, and Lewis Morris 
from the eastern, were the most influential and conspicuous. 14 
Jenings was chosen Speaker of the House. Shortly after the 
reception of the Governor's address, the House resolved itself into 

" Jenings and Morris had been members of the Council, but had been sus- 
pended by the Governor on account of their opposition to his measures. 



204 lord cornbury's administration. 

a general committee for the consideration of grievances. They 
continued their sittings from day to day, and finally agreed upon 
a petition to the Queen, and a remonstrance to the Governor. In 
the latter they expressed dissatisfaction on account of his Excel- 
lency's continued absence from the province, by which a full and 
timely acquaintance with many important affairs was prevented. 
They also complained of several delinquencies in the administra- 
tion of justice; that notorious offenders had been suffered to go at 
large, and the sentences against them to remain unexecuted, and 
that the ends of justice and law had thus been frustrated. They 
set forth that fees had been demanded of persons before any bills 
had been found against them, and who were therefore to be reck- 
oned innocent of any offence, and represented that if fees could be 
exacted from such persons, no one could be secure against the 
designs of malicious and vindictive men. They also stated that 
the establishment of fees by any other power than the Governor, 
Council and Assembly, was considered a great grievance, repug- 
nant to the rights that all English subjects were entitled to, and 
contrary to the Queen's instructions, which instructions forbade 
that any man's life, member, freehold or property should be taken 
otherwise than by established and known laws, and they asked 
that the assent of the Governor might be given to an act for de- 
termining fees. 15 But they represented, that there were other 
grievances of an higher nature, and attended with worse conse- 
quences, and that it would not be just to the Governor, themselves, 
or the country, to conceal them. They stated that they expected 
when the government was surrendered to the Queen, that they 
should experience "the benign influences of her mild government," 
and that they should be protected in the full enjoyment of their 
liberties and properties, but that it was their misfortune to find 
that the event had not answered to their expectations. They 
alleged that the prohibition of the Governor preventing the Coun- 
cil of Proprietors from issuing warrants for taking up lands, was 
an infringement of their rights. That when the proprietors sur- 

" The Governor and Council were authorized by the instructions to regulate 
fees, but the Assembly insisted that the Governor could only regulate fees 
already established, so as to see that no exaction was practised. 



LORD CORNBURY's ADMINISTRATION. 295 

rendered the government, they did not part with the soil, or the 
right to manage their interests therein, as they should think fit, 
and that if any persons were aggrieved by the proceedings, the 
laws would give them redress. But a still greater encroachment 
upon their liberties, they said, was the refusal of the Governor to 
swear, or attest three members of the late Assembly, upon the 
groundless suggestion of two members of the Council, by which 
means the members were prevented from taking their seats 
in the House. 16 This measure, they said, was a violation of the 
rights of the people, being a virtual denial of their freedom in the 
choice of Representatives, and was also a breach of the privileges 
of the Assembly, that body being the proper authority to determine 
in such cases. The remonstrants declared that they were "sen- 
sibly touched" with this procedure, well knowing the conse- 
quences that must arise from a Governor's refusing to swear such 
members of the Assembly as he might think fit. They also stated 
that it was well known that sums of money had been raised to 
procure the dissolution of the first Assembly for the purpose of 
precluding enactments to secure the quit-rents, which sums, it was 
said, there was great reason to believe, had been given to the 
Governor to induce, and which did induce him to dissolve the 
Assembly, and to procure the rejection of some of the members of 
the next. Great uneasiness was expressed on account of measures 
so injurious to the liberties and properties of the people. " Liberty" 
said the remonstrants, "is too valuable a thing to be easily parted 
with, and when such mean inducements procure such endeavours 
to tear it from us, we must say, that they have neither heads, hearts, 
or souls, that are not moved by the miseries of their country, and 
are not forward with their utmost power lawfully to redress 
them." They reminded the Governor in conclusion, that no artifice 
was necessary to engage the affections of a people, that it was 
only necessary to leave them in the unmolested enjoyment of 
what belongs to them of a right; and a wise man that despises not 
his own happiness, will earnestly labour to regain their love. 

This free and spirited remonstrance which was read to the 
Governor by the Speaker Jenings, was rendered still more im- 

"> The two members of Council were Thomas Revel and Daniel Leeds. 



29G LORD CORNBI RY's ADMINISTRATION. 

pressive by the manner of delivery. The Governor manifested 
much irritation, and at different points interrupted the Speaker 
with much abruptness, but the calm Jenings only repeated the 
passages with a greater degree of emphasis. 

The Representatives were directed to attend the Governor at a 
future day, to receive his reply. His answer which was made at 
the appointed time, was wanting in dignity, as well as in force; it 
abounded in ungracious reflections upon the Assembly, and still 
more severe and entirely gratuitous reflections upon the Quakers. 
But, a full and circumstantial notice was taken of the several par- 
ticulars presented in the remonstrance. The Governor stated 
in answer to the complaint concerning his absence, that he had 
always been in the province twice in every year, and that the 
Lieutenant Governor resided constantly there. 17 That the power 
of pardoning and reprieving criminals after condemnation, had 
been entrusted to him by her Majesty, and that he was account- 
able to none but her, for its exercise, and that in the settlement of 
the fees "of officers, he was also authorized by the instructions 
that had been given him. In relation to the prohibition upon the 
action of the proprietors, he said, that according to the directions 
of her Majesty, he was to admit all such agents as the general 
proprietors should appoint, such agents qualifying themselves by 
taking the oaths prescribed by law, but not otherwise; and that no 
persons under the name of Council of Proprietors had ever .ten- 
dered themselves to take the oaths, and consequently they were 
not qualified to act as agents, and besides, that those individuals 
who call themselves a Council of Proprietors, were pretending to 
act by a power derived from persons who have no authority to 
grant; and therefore he was obliged to interfere in order to hinder 
an illegal course of action. In reference to tlie rejection of the 
members of the Assembly, the Governor stated, that according to 
the constitution of government, a certain property qualification 
was required of every member, and that he was informed by some 
of his Council that the persons in question were not thus qualified, 
and that he did no more than his duty in rejecting them; but he 
further stated that he had afterwards recommended to the Assem- 

11 Colonel Ingolclsby was Lieutenant Governor under Cornbury. 



LORD CORNBURY's ADMINISTRATION. 297 

bly to inquire into the case, and that they had, after some delay, 
reported in favor of the members, but had not furnished him at 
the time, with the evidence upon which their conclusion had been 
founded, but this being afterwards done, at his order, he had ad- 
mitted the members to their seats. The principal question as to 
the right of the Governor to determine and act in the case, was 
passed over without notice. To the graver charge of corruption, 
the Governor gave at the outset, a direct denial; whether any con- 
siderable sums of money had been raised, or not, which he did 
pretend to determine, he declared, that no such sums had come 
into his hands, or had ever been offered him ; that he had dis- 
solved the first Assembly because it was evident that they never 
intended to do any thing for the support of the Queen's govern- 
njent, or f° r the good of the country, and that as to getting rid of 
the quit-rents, the very mention of such an attempt on his part, 
was such an absurdity "that no one but Jenings or Morris would 
have been guilty of," it being a thing well known that at the be- 
ginning of each session he had recommended that laws should be 
passed for settling the rights of the proprietors. 15 In return, the 
Governor accused the Assembly of several unlawful and oppres- 
sive acts, and reproached them with neglecting the proper busi- 
ness of the province in order to engage " in hawking after im- 
aginary grievances." The Assembly did not immediately enter 
upon a notice of the Governor's reply; their attention was directed 
to an examination concerning the manner in which the revenues 
of the province had been kept and expended, and great deficiencies, 
if not actual abuses, were detected. 

The searching and critical spirit that was exhibited, gave no 
promise of future forbearance and quiet, and the Governor re- 
solved upon a dismissal of the House, which was accordingly 
adjourned to the ensuing September. 19 But directly upon the 
meeting of the House, the consideration of the matters formerly 

19 It is certainly true that the Governor had made such recommendations, but 
it is yet positively asserted, that there was a kind of collusion between him and 
the opponents of the proprietary claims, and that his influence was used in 
opposition to his own recommendations and professions. 

19 By the intervention of the Governor the meeting was further deferred to 
October. 

38 



298 lord cornbijry's administration. 

before them was resumed, and a reply to the Governor's address 
was resolved upon. The Assembly also determined that no money 
should be granted until redress was given for the grievances of 
which they complained, in which case they were willing to grant 
a sufficient amount. The reply of the Assembly was marked 
by much ability and by some severity. They declared that 
they should not answer the trust that had been reposed in 
them without an endeavour to remove the hardships under 
which they laboured. That they had no occasion to search 
for "imaginary grievances," as real ones abounded. These 
grievances they again set forth and in a manner more ample 
and full than before, and they reminded his Excellency, that it was 
the General Assembly of the province that complained, and not 
the Quakers, with whom (as such) they had nothing to do, but 
who would probably be able to vindicate themselves from the 
aspersions that were thrown upon their persons and profession. 
They repeated, that their expectations of full protection to their 
liberties under the government of the Queen, had not been 
answered, and that the reasons offered by the Governor to justify 
his conduct and course were insufficient, or unfounded. That 
they could not but consider his absence from the province for the 
greater part of the year, as a disadvantage, especially as the seal 
of the province was kept by him, and as the Lieutenant 
Governor, either under orders, or from his own disinclination to 
serve, entirely refused official employments. That the Gover- 
nor had no authority to pardon wilful murderers (as the persons 
before referred to were) though he might reprieve them, but a 
reprieve could not be construed as warranting a liberation, or 
such a degree of liberty as would favor an escape. That the 
Governor's course in reference to the Council of Proprietors was 
a misuse of his powers. That his instructions indeed required, 
that the persons or agents employed by the proprietors for sur- 
veying and recording grants of lands and collecting quit-rents, 
should take the oaths prescribed, but that the Council of Proprie- 
tors were not such agents as the instructions related to ; the 
Council stood in the character of attornies or representatives of 
private men, for the management of their properties, and were in 
no wise effected by the regulations in question; if these regula- 



LORD CORNBTJRY's ADMINISTRATION. 299 

tions applied to the Council, no person could appoint an attorney 
but with the Governor's consent and approbation. The only 
persons affected by the terms of the instructions in relation to 
tasking the oaths, were those who had been specially appointed for 
surveying, and recording- the surveys of land, and receiving the 
quit-rents; but these persons had never been required to take the 
oaths, and the Surveyor for the western division, who had several 
times tendered himself for the purpose, had been refused. The 
aim of the Queen's instructions, they said, had either been entirely 
mistaken, or wilfully perverted. 

In relation to the case of. the rejected members of the Assembly, 
the House again asserted, that there was not the slightest color of 
authority for the course of the Governor in pretending to judge of 
the qualifications of iriembers, so as to admit or reject them at his 
discretion ; and that such authority would be wholly inconsistent 
with the nature and being of free assemblies, and would place the 
liberties, lives, and properties of the people entirely at the Gover- 
nor's disposal, which it was believed could never have been her 
Majesty's design or desire. The former charge as to the recep- 
tion of monies by the Governor, was again advanced, and was 
repeated in a manner more positive and precise, and the particu- 
lars recited were said to be "such notorious truths that it is vanity 
to deny them." 

The Governor evaded the reception of the reply of the Assembly, 
and it was therefore entered upon their journal, and two days 
afterwards the House was adjourned by the Governor's order. 

The discussion between these parties involved an important 
issue. The liberties of a province were concerned. If the Go- 
vernor could admit or reject the members of the Assembly, ac- 
cording to his own discretion or will; or if his mere opinion that 
an Assembly did not intend to " do any thing for the good of the 
country" was to be considered a sufficient reason for dissolving 
them, the institution of a representative body would be little more 
than a mockery. 

The supporters of the Governor endeavoured to defend and sus- 
tain him in the course he had taken. For this purpose a repre- 
sentation to the Queen was prepared in the name of the Lieutenant 
Governor and some of the Council, and was privately transmitted 



300 lord cornbury's administration. 

to her Majesty. They set forth that they had seriously consid- 
ered the proceeding's of the. late Assembly of the province, and 
r felt bound to express their dislike, and abhorrence of the same; 
that.'they, were high encroachments upon her Majesty's preroga- 
tive, notorious violations of the rights and liberties of the subject, a 
manifest interruption of justice, and also were most "unmannerly" 
toward his Excellency, the Governor. These proceedings, they 
said, were owing to the factious principles and conduct of Jenings 
and Morris, who, they said, "were known to.be uneasy under all 
governments, inconsistent with themselves, and to whom all the 
confusion and factions in the government of New Jersey and 
Pennsylvania for many years, were wholly owing;" they were , . 
desirous, it was said, as there was every reason to believe, to en- 
courage not only the government of .New Jersey, but every other 
government in America, to throw off her Majesty's prerogative 
royal. As a remedy for these evils, they requested that her 
Majesty would be pleased to discountenance "those wicked de- 
signing men," and show some dislike to the Assembly's proceed- 
ings, who it was declared were resolved, neither to support her 
Majesty's government, or take care to defend it by settling a 
militia, and that a strenuous assertion of her Majesty's prerogative 
and vindication of the Governor's honor, were absolutely required. 
In this address the particulars which had been urged against the 
course of the Governor were only noticed by a general declaration, 
that the statements of the Assembly were either partial, or false. 

On the 5th of May, 1708, the General Assembly again con- 
vened. The former Speaker, Jenings, being detained by illness, 
Thomas Gordon was chosen in his place. In the address of the 
Governor, his Excellency repeated most of the demands he had 
formerly made. He required that a bill should be enacted for 
raising a revenue, and stated that the Queen expected the sum of 
fifteen hundred pounds to continue for the term of twenty-one 
years. He recommended that the militia bill should be revived 
or renewed, as the present one would shortly expire, and also that 
laws should be passed for confirming the rights and property of 
the general proprietors, as well as to settle the titles and estates 
of particular persons. 

In their reply, the Assembly declared that they had always 



LORD CORNBURY's ADMINISTRATION. £?Q] 

been ready and desirous to support the government to the utmost 
of their ability, and that they regretted the misunderstanding that 
had occurred between the Governor and themselves. But they 
stated, that they had formerly mentioned to his Excellency a num- 
ber of grievances which the country laboured under, and which 
has not yet been removed, and they mentioned as> all additional 
ground of complaint, that a late application for a writ for the elec- 
tion of a new member, had been refused. They intimated that a 

redress of these grievances would remove an obstruction to the 

- 
full co-operation of the House in measures, fop the support of the 

government, but that they doubted not if her Majesty were rightly 
informed of the situation of the country, that she would never ex- 
-- pect the settlement of _a reVenue further than from year to year. 
a, '• They stated that the present militia bill was considered so oppres- 
sive to the people that they could not consent to revive it, though 
they were willing to make provision for defence of the province 
in a way more easy to the' people. They were willing, they said, 
to answer her Majesty's commands in confirming the rights of the 
proprietors, and also the titles and estates of particular persons." 20 
The Governor finding the disposition of the Assembly to be 
unchanged, and that nothing could be gained but by concessions, 
which he was little inclined to make, immediately prorouged the 
House until the following September, and before the time for their 
meeting arrived, gave orders that the House should be dissolved. 
But the administration of Governor Cornbury was drawing to its 
close. He had exhibited none of those qualities which were be- 
fitting his high descent, or his elevated place. His desire for 
revenue was the motive most strongly manifested in his adminis- 
tration of government in New Jersey. Ample and permanent 
support of the government, was the object principally sought, and 
this may be considered as a kind of clue to his entire career. To 
accomplish his purposes in this respect, he was led to the pur- 
suance of measures not warranted by his instructions, and which 
were subversive of the rights of the people. To procure an Assem- 
bly more favorable to his wishes, he interfered with elections, and 
ventured upon the bold expedient of rejecting the members re- 

20 Smith's New Jersey, Gordon's New Jersey. 



302 lord cornbury's administration. 

turned. The reception of fees for patenting lands was probably 
one of his objects in interfering with -the action of the Proprietary 
Council. Whether the charges of actual corruption in office are 
admitted or not, his avidity for gain is sufficiently obvious. His 
fondness for show and expensive pleasure, subjected him to wants 
which the colonists had neither the ability, or the inclination to 
supply. He was also but illy informed in the duties of his place. 
He had entered upon office with but low desires ; it was not to 
perform an exalted duty, but to secure the means of indulgence. 
He was therefore careless in inquiry, and deficient in knowledge, 
and may sometimes haye committed a wrong as well from his 
ignorance of what lay in his path, .as from the unworthincss of 
his aim. In the direction of government in New York, the con- 
duct of Cornbury was no more acceptable or advantageous than 
in New Jersey; indeed, in the former province his character and 
conduct appeared in a still worse light than in the latter; in addi- 
tion to ignorance and rapacity, he there exhibited arrogance and 
bigotry. Reiterated complaints were finally addressed to the 
Queen, both from New Jersey and New York, and her Majesty, 
convinced at length of the Governor's unfitness for so important 
a trust, recalled his commission and divested him entirely of 
power. 



CHAPTER XVI. 

ADMINISTRATION OF GOVERNMENT BY LOVELACE, INGOLDSBY, HUNTER, 
BURNET, MONTGOMERIE AND COSBY. 

The successor of Cornbury in the government of New York 
and New Jersey was John Lord Lovelace, Baron of Hurley. 
Ihgoldsby, the Lieutenant Governor, continued in office. If the 
connexions of the new Governor were not so elevated as those of 
his predecessor, his qualifications for the place to which he was 
appointed were far greater. His first communication with the 
Assembly (which met on the 3d of March, 1708,) was expressed 
in terms which manifested a suitable regard to the feelings, and to 
the rights of the colonists. He declared that he would give them 
no just cause of uneasiness, and expressed a hope that mutual 
forbearance might be exercised, and that in the endeavour to pro- 
mote the interests of the province, all former differences and ani- 
mosities would be forgotten. In regard to those matters which 
had been the occasion of former dissension, the address of the 
Governor was conciliatory and prudent. He stated that her 
Majesty would not be burdensome to her people, but that it was 
necessary that government should be supported, and he recom- 
mended the subject to their notice and care; that they best knew 
what the province could bear without inconvenience and injur}-, 
and also in what manner it could most properly be raised. He 
also recommended that a militia law should be prepared on such 
grounds as should seem likely to give satisfaction. The reply of 
the House exhibited a spirit of moderation, and a willingness to 
concur in the views and measures which his Excellency had 
offered to their notice. They expressed satisfaction on account 
of his appointment, declared that they had acted from no "ani- 
mosities," but only from a desire to maintain their rights, and 
they did not doubt but that a hearty agreement would now be 
maintained. They were willing, they said, to give support to the 



304 lovelace's administration. 

government to the utmost of their ability, and the more so, as they 
should now be exempt from arbitrary exactions. This amicable 
interchange of sentiment was introductory to a course of harmo- 
nious action. In accordance with the Governor's recommenda- 
tion, an act was passed for the support of her Majesty's govern- 
ment, granting the sum of seventeen hundred pounds for one year. 
A law was also passed for settling the militia. Important enact- 
ments were also made relating to the election of the General 
Assembly, and to the privileges and rights of the members. By 
implication, the Assembly had power under the royal instructions 
to make alterations in respect to the number of its members, or 
the mode of their election, subject to her Majesty's approval. 1 
This power was now exercised by making a change in relation to 
the qualifications of some of the electors. Under existing regula- 
tions, the members for the towns of Perth Amboy, Burlington and 
Salem, had been elected by the inhabitants freeholders of these 
places respectively, but it was now enacted that the electors in 
the towns, as in the counties, should he freeholders. It was also 
distinctly declared that the right of determining as to the qualifi- 
cations of members, was "in the House of Representatives when 
met in General Assembly." 2 

The hopes of settlement and continued prosperity which the 
coming and conduct of Governor Lovelace had excited, were sud- 
denly terminated by his death. The disappointment and regret 
occasioned by this event, were also further increased on account 
of the accession of the Lieutenant Governor, who assumed the 
control of affairs. Ingoldsby had rendered himself unpopular in 
the province, and an application had been made to Governor 
Lovelace for a hearing in relation to the charges which had been 
made by Ingoldsby, and some of the Council, in their address to 
the Queen. A time had been appointed for the purpose, but the 
efforts of the Assembly had been defeated from time to time, and 



' It was prescribed in the instructions that no such changes should be made 
except "by an act or acts of the General Assembly there, and confirmed by us, 
our heirs or successors." 

- It has been seen that a former Assembly had made enactments upon the 
same subject; but different from the present law, in many particulars. 



ingoldsby's administration. 305 

at length, the death of the Governor, and the accession of Ingolds- 
by to the principal place in the province, rendered it necessary to 
suspend the design. At this period the distant relations of the 
country were such as to involve the interests, and to demand the 
attention of the provincial government. The French nation had 
acquired possession of extensive portions of country in America, 
and their claim had been acknowledged by England, in the treaty 
of 1632. A powerful and active opponent of England and of 
English interests, had thus become established on the borders of 
the American colonies. In 1702, war had been declared by 
England against the French, and the latter nation taking advantage 
of the occasion had made incursions from their possessions in 
America, upon the neighboring English provinces. These at- 
tempts were carried on with so much perseverance and vigor that 
the French forces had succeed a d in penetrating into the country 
as far as to the Merrimack River, and had demolished Haverhill, 
a considerable town. The inhabitants of New England applied 
to the mother country for aid and support, and the Ministry pro- 
jected a plan for the invasion of Canada, and other places belong- 
ing to the French. A squadron of ships was to be prepared for 
an attack upon Quebec, whilst a separate force, composed of 
troops to be furnished by the colonies, and commanded by Colo- 
nels Nicholson and Vetch, were to make an attempt by the lakes. 
Instructions were given to Colonel Vetch to demand the co-ope- 
ration of the several colonies, and New Jersey was required to 
furnish two hundred men for the enterprise. 3 The Assembly of 
the province convened in May, 1709, when the plans of the Min- 
istry and the particular requisitions that had been made, were 
laid before the House by Governor Ingoldsby. A ready assent 
was given by the Assembly. An act was passed for raising three 
thousand pounds by bills of credit, to be used for her Majesty's 
service "in this present juncture," and particular provisions were 
made for enforcing the currency of the bills, when emitted. 

The enterprise for the conquest of Canada was not finally pro- 
secuted, hut a part of the forces that had been raised for the pur- 
pose, proceeded, under the command of Colonel Nicholson, to 

3 Smith's New Jersey, p. 362. 
39 



306 ingoldsby's administration. 

Port Royal, in Nova Scotia, and that place was reduced, and full 
possession was taken by the English. 

Among the incidents deserving of notice arising out of the un- 
dertaking just mentioned, was the issue of a currency of paper, 
which was then first resorted to in the province. It was de- 
signed, as has been seen, to answer a pressing emergency, and 
perhaps this emergency could not otherwise have been met. "A 
paper credit currency," it has been said, "is a great promoter of 
military expeditions." 4 But the same expedient was afterwards 
resorted to, and became a part of the policy of government. It 
was a policy capable of being made highly instrumental either for 
good or for evil. It afforded the means of present relief, and 
gave facilities by which the resources and abilities of a community, 
as well as of individuals, might be more fully and advantageously 
developed. But it also served as a temptation to hasty and haz- 
ardous action, and to obtain an immediate good by a mortgage 
upon future and uncertain advantages and means. In New Jersey 
endeavours were made to guard against the evils of the system, 
by a careful restriction of the amount, and timely regulations for 
redemption. 

At the next meeting of the General Assembly, which took place 
in November of the same year, the attention of the House was 
again directed towards the domestic affairs of the province, and 
an enactment was made defining more fully the qualifications of 
the members of the House. It prescribed that each Representa- 
tive should be an actual resident within the province, and of some 
city, town or county of that division in which he was chosen. It 
was represented that much "inconvenience" might arise from the 
election of persons inhabiting neighboring provinces, inasmuch as 
such persons might be swayed by a regard to the interests of the 
places where they resided, rather than by a desire for the pros- 
perity of the parts they represented. It was also set forth that it 
was absolutely necessary that the Assembly, when met, should 



« Douglass' Summary. Douglass was a strenuous opponent of paper money. 
He says that "The Sham Canada Expeditions" in 1709 and 1711, led this 
province and all the other Briish provinces to the northward, into a pernicious 
paper currency called public bills of credit. Summary, p. 285. 



hunter's administration. 307 

have full power over the members, which would be precluded if 
they were inhabitants of other provinces. 5 The Assembly also 
passed an act to ascertain and determine the boundaries of the 
several counties in the province. Another enactment was made 
which would seem to have infringed, to some extent, upon the 
directions that had been given in her Majesty's instructions estab- 
lishing the government. In these instructions it was prescribed, 
that the meetings of the General Assembly should be held at 
Perth Amboy, and at Burlington, alternately, unless for particular 
reasons, the Governor should order them differently. But it was 
now enacted that all succeeding Assemblies should be held at 
Burlington, until otherwise determined by act of Assembly. 

During these proceedings but little communication had taken 
place between the Lieutenant Governor and the Assembly, and 
there was an appearance, for a time, of acquiescence in his govern- 
ment. But it was no more than an appearance. The former 
acts of Ingoldsby had rendered him odious in New Jersey; and 
he was but little more in favor in New York. At length the 
united remonstrances of the provinces, induced the Queen to order 
his recal. In the interim, before the arrival of another Governor, 
the chief executive authority, in accordance with the constitution 
of the government, devolved upon the eldest member of the Coun- 
cil, in the province. This individual was William Pinhorne. 
But this officer was superseded on the 10th of June, 1710, by the 
arrival of Brigadier General Hunter, with the commission of 
Governor of New York and New Jersey. 6 Governor Hunter 
was held in estimation for his social qualities, and was supposed 
to be fitted for civil employment. He had before been appointed 
Lieutenant Governor of Virginia, but had been captured by the 
French on his voyage to that colony. 

He met the Assembly of New Jersey on the 7th of December, 
1710. 7 His address to the House was characterized by directness 
and an appearance of openness and candor. He said, "that he 



5 This provision is somewhat illustrated by the occurrences of the time. It 
happened on some occasions that the members elected were not in their places, 
and the officers of the House were despatched to enforce their attendance. 

6 Gordon's Now Jersey, p. 86. ' Votes and State Papers, vol. 1, p. 2. 



308 HUNTER S ADMINISTRATION. 

was little accustomed to make speeches, and should not be tedious. 
That there had been much complaint of "unchristian divisions, 
an evil which all complain of, but which few look the fight 
method to remedy. Let every man begin at home, leave disputes 
to the laws, injuries to the avenger of them, and as good subjects 
and christians, act together for the common good." He said that 
all must agree in tlfe necessity of supporting government, and 
hoped there would be no difference about the means, and that he 
should heartily concur in whatever was necessary for the peace 
and welfare of the province. He closed his address with the 
noble sentiment, that "all power except that of doing good, is but 
a burden." 

The House replied in a similar tone, although with a degree 
of reserve. Thev congratulated the Governor upon his accession 
to office, and were Avilling to hope that the time had arrived when 
the causes of "unchristian divisions" would no longer exist. 
They had experienced repeated instances of her Majesty's 
care, among which they regarded as a principal one, the former 
appointment of the good Lord Lovelace, by which an end was 
put to the worst administration the province had ever known, and 
they considered the appointment of his Excellency, the present 
Governor, as a new mark of royal favor,' Let not ill-men, they 
said, be put or continued in power, let her Majesty's subjects 
enjoy their liberties and properties according to the laws, and 
then the grounds of disputes would be removed. They said that 
they had always considered it reasonable to support a govern- 
ment, but equally so to deny that support to oppression and 
tyranny. What they were able to do should be sincerely and 
honestly done, and in as proper a manner as they were capable 
of, and they should be ready to join in any thing that might be 
conducive to the public benefit. 

The harmony that seemed to be promised by the relations 
between the Governor and the Assembly, was prevented or inter- 
rupted by the course of the Council. Several of the members of 
this body had served in former administrations, and had been 
concerned with Lieutenant Governor Ingoldsby, in making the 
representation to the Queen containing charges against a former 
Assembly. These persons had thus become placed in an attitude of 



hunter's administration. 309 

opposition to the Representative body, and no desire was shown 
at this timet to alter the relation. On the contrary, they mani- 
fested a determination to obstruct the measures of the Assembly, 
even, as it would seem, to the manifest injury of the interests of 
the province. Several bills which appeared to lie rendered neces- 
sary by the state of affairs at the time, and which were certainly 
in accordance with the rights, as well as the wishes of the people, 
were rejected by the Council. 5 Among these was an act for as- 
certaining the qualifications of jurors, and enabling the people 
called Quakers to serve on them. In the western part of the 
province the Quakers formed a large portion of the population 
and it was found difficult to obtain juries without them, and from 
their habits and character none were more capable of such service; 
but their refusal to take an oath caused them to be wholly ex- 
cluded. In the instructions of her Majesty to the Governor, he 
Avas directed to cause an act* to be passed in the General Assembly 
of the province, like to that which had been passed in England in 
the reign of William the Third, allowing the solemn affirmation 
and declaration of the people called Quakers, to be accepted instead 
of an oath in the usual form. The act now prepared and passed 
by the House, embraced this provision so far as related to the 
qualification of jurors, and it was therefore not only a just and 
liberal measure in itself, but was also in perfect accordance with 
the royal instructions. But the act was rejected by the Council. 
One of a more general character, containing the same provisions 
in relation to taking oaths, but not limited in its application to the 
case of jurors, was also rejected in a similar manner. The militia 
law was also taken up for consideration by the House. The act 
that had been passed in the time of Cornbury, was rigid in its 
provisions, and but little suited to the views and opinions of the 
people, and many persons had been subjected to much oppres- 
sion thereby, and the modifications that had been made at different 
times, had not been such as to remove the objection. The House, 



8 By the instructions of the Queen the members of the Council were to have 
and enjoy freedom of debate and vote in all affairs of public concern, and by 
this provision the Council were enabled to control, as they did now control, both 
the Governor and the Assemblv. 



310 hunter's administration. 

desirous that a subject of some difficulty, should be carefully con- 
sidered and acted upon, appointed a committee to -prepare and 
report a bill. 9 This was done. Measures were also taken to 
correct the abuses that had been practised under the existing law. 
Some of the officers who had been concerned in distraining goods, 
Avere brought to the bar of the House, and made to render an ac- 
count. The bill prepared by the committee was passed by the 
House, and sent to the Governor and Council ; but it met the fate 
of the preceding ones, it was. rejected by. a majority of the Council. 
These proceedings of the Council wore the appearance of mere 
factious opposition, and were directly calculated to excite to new 
activity, the irritation that had previously existed. The House, 
already it may be, not loth to such an engagement, was provoked 
to enter again upon a notice of the former acts, of the Council. 

The address of Governor Ingoldsby and his Council to the Queen 
was accordingly taken up and read in the House. 10 By a vote the 
address was declared to be a false and scandalous representation 
concerning the Legislative body of the province, and that no one 
who had signed the address was fit to be a member of -the House, 
and one of the members who acknowledged that he had signed it, 
was forthwith expelled." A resolution was also adopted to pre- 
pare an address to her Majesty, and also to Governor Hunter, 
justifying the proceedings of the Assembly. In the address to the 
Governor it was set forth, that it had been their misfortune to be 
governed by Lord Cornbury, who had treated her Majesty's sub- 
jects rather as slaves, whose persons and estates he might control, 
than as freemen, who were to be governed by laws. The Gover- 
nor, they said, "had sacrificed his own reputation, the laws, and 

s The committee were Doctor Johnston, Isaac Sharp, Jacob Spicer, William 
Santtfbrd, John Reid, and Robert Wheeler. They were instructed to prepare 
and bring in a bill for explaining an act of this province past in the third year 
of her Majesty Queen Anne, entitled "an act for settling the militia of this 
province, and for relieving persons aggrieved thereby"." 

10 This address had been signed by Richard Ingoldsby, William Pinhorne, 
Roger Mompesson, Thomas RevelL Daniel Leeds, Daniel Coxe, Richard 
Townley, William Sandlbrd, and Robert Quarry. Pinhorne, Townley, Coxe, 
Mompesson, and Quarry were still in the Council. 

" Major William Sandford. 



hunter's administration. 311 

our liberties to his avarice." That the efforts that had been made 
to procure redress had proved effectual, and that no relief was 
experienced until the arrival of Lord Lovelace, which gave an 
expectation, of better days. That upon the first sitting of the 
Assembly after the arrival of Governor Lovelace, he had commu- 
nicated to them for their information, "The address of the Lieu- 
tenant Governor and Council of New Jersey," in which the ad- 
dressors endeavoured to make injurious impressions upon the 
Governor against others, and to secure his favor to themselves by 
the grossest fawning and flattery. This address, said the Assem- 
bly, "from the peculiarity of the language, and the unintelligible- 
ness of the terms, ought never to be forgotten. 12 But yet it was 
said these addressors were not true, friends to Lovelace, and had 
caballed against him, and Governor Hunter was warned, that He 
too, might expect to experience their treachery. An examination 
of the address of the Lieutenant Governor and Council was then 
entered upon. The Assembly asserted, that though it purported 
to. be a thing agreed upon in Council, that it had not been formally 
passed, but that the assent of the members had been given at dif- 
ferent times and places. That in its general character, the address 
was open to much objection, that it was full of epithets and vague 
assertions, and that if the addressors had merely sought to make 
a show of an abusive talent, they had certainly fully succeeded. 
But the statements that were given in the address were said to be 
entirely groundless. That the charge of a design to throw off all 
allegiance, and to revolt from the Crown of England, could.only have 
been made in order to mislead or to prejudice the Queen; that no 
sober man could believe that any such design had ever existed, or 
did exist. New Jersey was one of the smallest of her Majesty's 
colonies, and the least capable of making any defence ; that it con- 
tained no fortification exceeding a stone house,- and of- such but 
few, that a great part of its people were Quakers, who from their 
principles were opposed to war; that under these circumstances 
to declare that any persons were exciting to open revolt, was a 



12 In the address to Lord Lovelace, he was told that "your Lordship has not 
one virtue, or more, but a complete accomplishment of all perfections," with 
other expressions equally extravagant. 



312 hunter's administration. 

charge scarcely less ridiculous than malicious. And as to the 
refusal of the Assembly to support the Queen's government, or to 
defend it by settling a militia, the facts themselves might be ap- 
pealed to; that they had made provisions according to the ability 
of the province, and that lately, when the expedition to Canada 
was on foot, they had given three thousand pounds, and this when 
some of the addressors themselves had done all they could to 
frustrate the grant. That an act had been made in the time of 
Lord Lovelace for settling the militia, which had likewise met 
with much opposition. Several particulars were also set forth in 
relation to the conduct of the members of the Council, which, 
(even with the abatement to be made in the statements, on account of 
party exasperation,) must yet be allowed to show, that some of the 
executive officers had exercised their powers in a manner oppres- 
sive and unjust, and that others had been guilty of most serious 
moral delinquencies. 

The Assembly expressed their concern that they had so much 
reason to expose a number of persons who had combined to do 
New Jersey all the hurt in their power. They said that her 
Majesty had been graciously pleased to remove Lieutenant Gover- 
nor Ingoldsby, a favor "for which we cannot sufficiently express 
our gratitude," and they intimated with entire distinctness, that 
the province would be benefitted by other removals. They de- 
clared, indeed, that justice could never be done whilst certain 
members of the Council continued in places of trust within the 
province. 13 

Governor Hunter received the address of the House in a man- 
ner indicating a desire to act in his office with impartiality and 
justice. He replied, that her Majesty had given him directions 
to reconcile the differences existing in the province, but if this 
could not be done, he should make a representation to her; and he 
did not doubt but her Majesty would take such measures as would 
give general satisfaction. But the Governor was either convinced 
of the justice of the statements that had been made by the House, 

13 These persons were named, they were William Finhorne, Roger Mompcs- 
son, Daniel Coxe, Richard Townley, Peter Somnans, Hugh Huddy, W illiam 
Hall, and Jeremiah Basse. Smith's New Jersey, p. 393. 



hunter's administration. 313 

or perceived that no harmony of action could be expected whilst 
the members of the Council, who had been complained of, were 
retained, and such representations were therefore made by him, 
as led to the speedy removal of several of the number. 

The partial success that had attended the operations against the 
possessions of the French in America, had given encouragement 
for a new undertaking. Colonel Nicholson, who had directed the 
former enterprise, proposed to the Ministry that another attempt 
should be made for the reduction of Canada, and the proposal 
was finally acceded to. A plan was formed for an union of forces 
from England and the colonies, together with a body of Indian 
allies. In accordance with this plan, instructions were sent to the 
Governors of several of the colonies, requiring that measures 
should be taken for providing the necessary aid in men and sup- 
plies. For this purpose the Assembly of New Jersey was sum- 
moned, and met on the 16th of July, 1711. Governor Hunter 
informed the House that the fleet and forces from England, des- 
tined for the reduction of Canada had already arrived at Boston, 
and that a requisition was made upon New Jersey for three hun- 
dred and sixty men, with officers, and all to be properly furnished 
with pay and provisions. The Assembly responded to the de- 
mand. An act was passed for raising five thousand pounds, for, 
and towards the encouragement, pay, provision, transportation, 
and other charges of volunteers going on the expedition. This 
amount was to be furnished by a new emission of bills of credit. 
The Governor assented to the acts, and dismissed the Assembly 
with thanks for their despatch. But the expedition for which 
extensive preparations had been made, and from which much had 
been expected, totally failed in execution. It left a debt upon 
New Jersey, which, together with obligations before incurred for 
a similar purpose, was to be met by subsequent taxation. 

The circumstances of the province were not supposed to re- 
quire that another meeting of the Assembly should be called until 
December, 1713. The Governor then addressed the House in terms 
of confidence and kindness. He referred to the goodness of her 
Majesty in removing from their places, those officers who had be- 
come obnoxious to the Assembly and the people. He said that he 
was persuaded that the efforts of these persons would not be able to 
40 



314 hunter's administration. 

destroy the harmony and confidence that now subsisted between 
the different branches of the government. 14 In this confidence, 
he recommended to the House the adoption of such measures 
as the situation of the province appeared to require. He urged 
that provision should be made for past arrears, and the future 
support of the government, and also for affirming and ascertaining 
the respective properties of the proprietors, and people. 

The Assembly, in reply, expressed their satisfaction in again 
meeting the Governor, and hoped, that as the persons who had 
hitherto obstructed the welfare of the country, were now removed, 
the pleasure of such meetings would be oftener experienced. 15 
They acknowledged themselves to be under the greatest obliga- 
tions to the Queen, and trusted that their actions would manifest 
a proper sense of the kindness she had shown. The session be- 
ing thus happily opened, the House proceeded to re-enact some 
of the laws which had formerly been rejected by the Council, and 
to pass others which were supposed to be required. The sum of 
two thousand five hundred pounds was granted for the support of 
government for two years. An act was passed that the solemn 
affirmation and declaration of the people called Quakers, should' 
be accepted instead of an oath in the usual form, and also for 
qualifying and enabling the said people to serve as jurors, and to 
execute any office or place of trust or profit within the province. 
The disabilities under which these persons had laboured on ac- 
count of their testimony against oaths, were thus entirely re- 
moved. The enactment met with the ready assent of the Governor 
and Council, and indeed they had concurred in promoting it. A 
sepai*ate enactment was made for determining the qualifications 
of jurors; it regulated the mode of summoning them, and pre- 
scribed that all persons summoned to serve upon grand inquests, 
should 1 be worth at least one hundred pounds in real estate, within 
the county for which they should serve, and that all persons sum- 
moned to serve on petit juries, should be worth one hundred 

" Pinhornc, Coxc, Somnans, and Hall, had been removed from the Council, 
and soon afterward John Anderson, Elisha Parker, Thomas Byerly, John 
Hamilton, and John Reading, were appointed. 

" An intimation was thus given that more frequent meetings of the Assem- 
bly would give greater satisfaction. 



HI NTER 3 ADMINISTRATION. 

pounds in real and personal estate.' 6 The militia law of the pro- 
vince was settled with new and more liberal provisions. An act 
was also passed "for regulating slaves." The encouragement 
given to slavery in the instructions of the Queen, had tended to 
give it a permanent place in the province. The regulations now 
made were designed to protect the masters by preventing the 
elopement or absence of slaves, and also to enforce the good con- 
duct of the latter. And it was also provided "that no negro, Indian, 
or mulatto that should afterwards be made free, should be allowed 
to enjoy, hold or possess any houses, lands, tenements, or here- 
ditaments within the province, in his or her fee simple, or fee tail, 
but that the same should escheat to her Majesty, her heirs and 
successors." And it was also provided, that inasmuch "as free 
negroes were an idle and slothful people," that any person manu- 
mitting and setting at liberty any negro or mulatto slave, should 
enter into sufficient security to pay yearly and every year to such 
negro or mulatto during their lives, the sum of twenty pounds. 17 
It was also enacted that a duty of ten pounds should be paid on 
every negro, Indian, or mulatto slave imported into the province. 
It may be supposed that this tariff upon slaves was established 
less with a view to the raising of revenue, than to the discourage- 
ment of the traffic itself. Regulations were made for the more 
precise determination of the limits of some of the counties, and a 
new county to be called "the county of Hunterdon," was erected. 
It was taken from Burlington. To Hunterdon was given all the 
powers, jurisdictions and privileges that belonged to other counties, 
except a choice of members to the General Assembly, which was 
reserved until her Majesty's pleasure should be known, or until it 
should be otherwise ordered by the General Assembly. The people 
of Hunterdon were to continue, in the interim, to act with Burling- 
ton in the election of Representatives. An enactment was passed 
by the Assembly regulating in certain particulars the administra- 
tion of justice in the courts of the province, and for reviving and 
continuing; courts in some of the counties. 



16 The instructions required that some limit should be set. in goods or lands 
below which persons should not serve as jurors. Article 88 of Instructions. 
" Allinson'w Laws of New Jersey, p. 24. 



316 hunter's administration. 

The business of the session being concluded, the House was 
adjourned with expressions of satisfaction from the Governor. 
He thanked the House for the support that had been given her 
Majesty's government, and the salutary enactments that had been 
made; some things, he observed, that "in their nature were acts 
of favor, I have agreed to be made acts of Assembly, that your 
share may be greater in the grateful acknowledgements of your 
country." 13 

A period succeeded in which nothing occurred of sufficient im- 
portance to the province to call for more than incidental observance. 

The peace of Utrecht, which was concluded on the 31st of. 
March, 1713, put an end to hostilities between England and 
France, and relieved the colonies from the dangers and the de- 
mands winch the prosecution of the war had subjected them to. 
On the 1st of August, 1714, the death of Anne Queen of England, 
took place. Her reign had been one of importance in English 
history, and of especial interest to the province of New Jersey 
from the change which occurred in the form of its government. 
Upon the accession of George the First, which took place August 
6th, 1714, a new commission was sent to Governor Hunter, and 
an Assembly was summoned to meet at Perth Amboy on the 4th 
of April, 1716. But difficulty arose at the very commencement 
of the session. It has been seen, that in 1609 an act had been 
passed that the meetings of the Assembly should be held at Bur- 
lington until otherwise ordered by law. This act, though not 
strictly in accordance with her Majesty's instructions, had been 



18 The particular laws which were considered hy the Governor to be " acts of 
favor," were not stated, but it is probable they were enactments relating to the 
administration of justice, especially an act for shortening law suits, and regu- 
lating the practice of the law, and an act to enforce the ordinance for establish- 
ing fees. But the conduct of the Governor was somewhat less generous than 
his expressions would seem to imply, for he afterwards represented that these 
acts would be injurious, and aivised his Majesty that they should be disallow ed, 
stating also that the laws had been particularly designed to punish the then 
Secretary of the province, (who was especially affected thereby,) he being a 
person of bad reputation. From this representation, the acts in question were 
made to appear, not only as injurious in themselves, but as being designed to 
serve a temporary purpose, rather than as important measures of public policy- 



hunter's administration. 317 

assented to by the Governor, and afterwards confirmed by the 
Queen. Notwithstanding this, the present Assembly had been 
summoned to meet at Perth Amboy. Soon after their meeting, a 
resolution was passed by the House that his Excellency should 
be waited upon with a request, that he would be pleased to lay 
before the House, a copy of his Majesty's instructions relating to 
the sitting of the Assembly at Perth Amboy. The Governor at 
once complied with the request. It was then resolved that an 
address should be made to his Excellency upon the subject, with 
a request that the sitting of the Assembly might be prorouged to 
Burlington. In the address they said, that they were entirely in- 
clined to pay all obedience to his Majesty's and the Governor's 
commands, but yet they could not but think that it was their duty to 
observe and maintain the laws of the province; that the law re- 
specting the sittings of the Assembly had passed through all the 
necessary forms, and they could not but suppose that it continued 
in force, and would so continue, until repealed. 

In reply, the Governor stated, that he had received instructions 
from the King, directing the Assembly to sit at Amboy, which he 
was bound to obey. That the confirmation of the act by the late 
Queen was temporary, and continued but during her life, being 
part of the prerogative of the Crown which she could not part 
with longer, but might be resumed by the successor. Also, that 
for reasons of great consequence, he could not meet either Council 
or Assembly, at Burlington. In a subsequent communication he 
further stated, that the power of calling even parliaments to any 
particular place, being an undoubted part of the prerogative, the 
late Queen's approbation of the law could only be taken as dis- 
pensing with the exercise of that part of her prerogative, but that 
such a concession would not be binding upon her successor; and 
beside, that his Majesty's instructions in regard to the meetings 
of the House, had only restored the affair "to the just and equal 
foot" upon which it was placed at the time of the surrender. 19 
As the directions to the Governor had been precise, and as these 
were taken as his rule, the Assembly were obliged to submit, and 
to continue the session at the place appointed. But full satisfac- 

19 Votes, vol. 1. 



'US hunter's administration. 

tion was not felt. The Speaker of the House too, Colonel Daniel 
Coxe, as well as some other members, were unfriendly to the 
Governor. Coxe had been among the members of Council for- 
merly displaced, and the agency of the Governor in forwarding 
that measure, may not have been forgotten, or forgiven. These 
several circumstances were unfavorable to harmonious action. 
The business of the session was entered upon with little alacrity, 
and was but tardily conducted. Much time was occupied in 
committee of the whole House, in considering the Governor's ad- 
dress. At length the Governor resolved upon prorogueing the 
Assembly, probably with the hope that time would remove, or 
allay, the dissatisfaction that had arisen. 

But this hope, in regard to a portion of the House, at least, was 
not to be realized. At the time of meeting, (the 14th of May,) several 
of the members failed to appear, and among this number was the 
Speaker of the House. After a delay of five days, the members 
present, nine in number, presented an address to the Governor, 
requesting him to take such methods as might be deemed proper 
to cause the absent members to attend in their places. He ac- 
cordingly sent warrants to the several delinquents, commanding 
their attendance, as they would answer the contrary at their peril. 
Four immediately obeyed the warrants, and the number then present 
making a quorum, proceeded, upon the Governor's recommenda- 
tion, to organize the House. John Kinsey was chosen as Speaker. 
His Excellency immediately delivered an address, expressing 
much satisfaction at their selection of a Speaker, and remarked, 
that the conduct of the former one gave sufficient evidence of a 
combination between him and his associates to prevent the trans- 
action of the necessary business of the province, and he hoped 
that all would be made sensible of the sinister arts and practices 
of these persons, so that no further evil might be done. He re- 
commended that the support of the government should be provided 
for, and the bills of credit renewed, in order that the province 
might be seasonably provided with a currency for ordinary uses. 

The House, as now constituted, seemed quite ready to second 
the Governor's views; one of their first measures was an inquiry 
concerning the conduct of the late Speaker, and the absent mem- 
bers, which after some discussion resulted in the expulsion of the 



hunter's administration. 31U 

whole from the House. 20 An address in reply to the Governor's 
communication was also agreed to. In this it was said, that his 
Excellency's administration had been a continued series of justice 
and moderation, and that the House would not be wanting in en- 
deavours to make a suitable return. That the late Speaker of the 
House had given a new proof that in all situations it had been his 
study to disturb the tranquillity of the province, and to act in con- 
tempt of the laws and government; and a hope was expressed that 
his expulsion would be considered as a sufficient vindication of 
the character of the House from any suspicion of a concurrence 
in his purposes or acts. Complaisance to the Governor, or in- 
dignation against the conduct of the factious members, carried the 
House still farther. It was resolved, that these members should 
not be admitted to their seats during the session, even if returned 
by a new election, and at the next sitting of the House, when some 
of these persons were so returned, the resolution was adhered to. 21 

These proceedings occupied much of the attention of the House 
and the meeting closed, with the important result of a restoration 
of harmony between the branches of the government, but with 
little beside. 

On the 27th of November, of the same year, the Assembly was 
convened at Chesterfield. 22 The Governor represented the neces- 
sity of adopting immediate measures for the support of govern- 
ment and the public credit, as the funds provided for the former 
were wholly exhausted, and as the latter had suffered greatly in 

M The expelled members were Col. Daniel Coxe and Richard Ball, members 
from Gloucester, Henry Brockholst and David Ackerman, from Bergen, William 
Hall and William Claws, from the county of Salem, Henry Joyce, from the 
town of Salem, and Jacob Hulings, from Cape May. Jacob Spicer, from Cape 
May, being brought before the House at its next meeting, by the Sergeant at 
Arms, prayed the House to pardon his absence, it not being wilful, or with con- 
tempt, "having had more than ordinary occasions which had detained him from 
attending the service of the House." Whereupon the House " were willing to 
be favorable to him, and ordered that he be discharged upon paying his fees." 
He was then directed to take his seat. 

21 Richard Bull, from Gloucester, and William Hall, from Salem, were thus 
returned. The House declared that " they could not recede from their former 
resolves." 

- Li\ reason of the Small Pox being a! Burlington. 



320 hunter's administration. 

consequence of failure in the collection of taxes, and he trusted, 
as they were now met with good dispositions, and without any 
"clogs or bars," they would be able to pursue the objects of their 
meeting, and make good the engagements and promises contained 
in their former addresses. The House proceeded in accordance 
with these recommendations. A ground of former difficulty was 
entirely removed by an act repealing the act which directed that 
the sittings of the Assembly should be held at Burlington; that 
act, it was said, "being contrary to royal instructions, and being 
found prejudicial to the eastern division." The finances of the 
province were inquired into, and the amount and causes of the 
deficiency determined. 23 

The expenses required by the late military expeditions had 
rendered it necessary to contract a large debt by the issue of bills 
of credit; but it was asserted that the provisions for sinking these 
bills would have been quite sufficient, if faithfully observed and 
carried out. Enactments were therefore made to enforce the col- 
lection of arrearages from delinquent counties; for the more regular 
appointment of Assessors and Collectors, and for holding these 
officers to closer accountability. As a further means of increasing 
the revenue, an excise was laid upon all spirituous liquors retailed 
within the province, and it was expressly declared that the amount 
should be used, for, and towards the support of the government. 
To meet the present necessities, an act was passed for a new issue 
of bills of credit to the amount of eleven thousand six hundred and 
seventy-five ounces of plate. A bill was agreed to for the support 
of government, for three years, which assigned to the Governor 
the sum of six hundred pounds per annum. 24 

After a meeting which terminated without the transaction of any 
important business, the General Assembly convened at Perth 
Amboy on the 13th of January, 1718. The Governor informed 
the House that the revenue was again exhausted, and mentioned 



23 More than seventeen hundred pounds in bills of credit were yet out, and 
the treasury empty. 

21 The Chief Justice was to receive one hundred pounds, the Attorney Gene- 
ral fifty pounds, the members of Council, who attended during the sitting ol the 
House, five shillings per Hay, and the Representatives five shillings per daj 



bfrnet's administration. 321 

also, that the salaries of the public officers were so small and so 
retrenched from what they had been, that the officers were not 
properly supported ; and an augmentatioiWas asked. He stated 
that the Assembly of New York had passed a law for running the 
division line between the two provinces, with the expectation that 
a similar measure would be adopted in New Jersey. He also 
recommended, that an agent should be appointed to represent the 
interests of the province in England, no other province being with- 
out such an officer; and that on several occasions he had himself 
employed persons, at much expense, to transact business that 
could not properly be delayed. The Assembly stated, in reply, 
that although they were sensible of the importance of having an 
agent in England, the circumstances of the province were such 
thaf suitable provision for the maintenance of such officer could 
not immediately be made. In accordance with the ^Governor's 
recommendation, an act was passed for determining the line of 
division between New York and New Jersey, and another for 
settling the boundary between East and West New Jersey.-"' 

The Assembly was not again convened by Governor Hunter. 
In 1719, he left the province for England, but expressed an in- 
tention, with the King's permission, to return; this intention how- 
ever was not fulfilled; upon his arrival in England, an agreemenl 
was made by which his government was exchanged with AVilliam 
Burnet, Esq., for the office of Comptroller of the Customs, and 
the latter soon entered upon office.- 6 

William Burnet, Esq., was the son of the well known prelate, 
Bishop Burnet. If the new Governor derived no celebrity from 
nobility of birth, he inherited a name that piety and learning had 
raised to distinction. His intercourse and intimacy with the late 
Governor enabled him to acquire in advance, some knowledge of 
the state of affairs in the province, as well as of the character of 



- s The Commissioners appointed under the first act, fixed the northern point 
of division in latitude 41° 40'. Nothing was done under the latter act. 

Gordon, p. 91. 
x Governor Hunter had conducted himself in office under circumstances ot 
some difficulty, with a degree of prudence and address, and the Legislature both 
of New Jersey and New York expressed their approbation of his course. 
11 



322 burnet's ADMINISTRATION. 

parties and of men; and he entered upon his duties at a time when 
the relations between the different branches of the government 
appeared to be of the most amicable kind. But the new Governor 
was either less cautious, or less fortunate than his predecessor. 
The province, as has been seen, was encumbered with debt, and the 
Assembly in the former administration had shown a laudable care 
and concern on this account. The same Assembly was convened 
by Governor Burnet on the 28th of February, 1721. At that time 
the Governor set forth the favorable opinions he had entertained 
of the Assembly from the character given of them by his prede- 
cessor, and said that he was further encouraged in his expectations 
from them, by the loyalty which the neighbouring province had 
shown in granting a revenue ; and that as this colony was increas- 
ing in people and property, the support of government would be 
easier than it formerly was. He stated that he had found the 
salaries of officers lessened when they should have been increased, 
and that the credit of the colony was suffering for the want of a 
larger amount of bills for currency. He hoped that these de- 
ficiencies would be effectually supplied, and reminded the House 
and the people, of their great happiness in being under his Majesty's 
government, and expressed a hope that a just sense of the bless- 
ings they enjoyed, would dispose to such manifestations of duty 
and gratitude, as might be expected from good subjects, to such a 
prince. 27 The reply of the House was extremely guarded and brief. 
They congratulated his Excellency upon his accession, and stated, 
that they should use their utmost endeavours to serve their King and 
country, under the difficult circumstances that existed. The cold- 
ness shown by the Assembly in their address, and their imperfect 
compliance with his wishes, induced the Governor to prorogue the 
House at an early period, and he used the occasion to make a still 
farther declaration of his expectations and views. He said, that he 
had hoped to have found in them a disposition suitable to the charac- 
ter that had been given of them, but that their past resolves had 
fallen short not only of his own expectations, but also of his Majes- 
ty's instructions to him. His Majesty, he said, had expressly 
directed, that all laws made for the supply and support of govern- 

v Minutes, vol. 1. 



burnet's administration. 323 

ment should be indefinite and without limitation, except the same 
should be for some merely temporary service. The meaning of 
this instruction, he said, would appear from the practice of the 
Parliament of Great Britain, who at the accession of a new Prince, 
settled a revenue for the support of the government during the 
life of the Prince. He had prorogued them, he said, that they 
might begin anew, and show their loyalty by a due regard to his 
Majesty's commands. He also observed, that long sittings of the 
Assembly were a great burden and expense, and that if they should 
once settle a lasting revenue, they would be able to go through 
the other business in much shorter meetings, which he promised 
they should have, as often as they desired. It could hardly be 
expected that the recommendations of the Governor in the particu- 
lars just mentioned, would be very acceptable; and communications 
were made at the next meeting, but little more calculated, to give 
satisfaction. The Governor stated, that the laws heretofore passed 
by the Assembly for regulating the choice and the qualifications 
of members, were not in force, having never been confirmed by 
his Majesty; but that the instructions given by her late Majesty, 
Queen Anne, upon these particulars, were still the law, and were 
to be observed; he also stated, in reply to a request that the 
members might be sworn in their own House, that-it was neces- 
sary that every member of the House should be sworn before the 
Governor. A reply was made by the House, and several resolu- 
tions relating to the demands and the course of the Governor, were 
also adopted. In these modes, they asserted, that they were, and 
had always been disposed to show their loyalty to his Majesty, in 
such manner as the circumstances of the province would allow; 
that it had not been unusual for tbe members to be sworn in their 
own House, for which reason they had made the request; and 
that all laws passed by the Governor, Council and Assembly, 
were in force until they were disallowed by his Majesty, or re- 
pealed in the province. They objected to the "intermeddling" of 
the Governor with the business of the House, which they con- 
sidered to be a breach of their rights and privileges. They also 
complained on account of his demand for permanent support of 
the government, and of his assertion that unless such provision 
should be made for at least five years, he would pass no bill. An 



324 burnet's administration. 

act for the support of the government for two years was then 
agreed to by the Assembly, and full provision was made for rais- 
ing the amount by taxes. But this enactment failed; the Council, 
assuming unusual authority, made numerous amendments to the 
bill, and returned it to the House; the latter, however, denied the 
right of the Council to amend a money bill, and thus the govern- 
ment was left without any support. In noticing these proceedings 
the Governor indulged in rather angry remark. He told the House 
that they seemed fond of the word privilege, though what they had 
of that kind, was owing to the goodness of the Crown ; and he de- 
clared that "your conduct has carried in it so much indignity to 
his majesty, and would prove, if not timely prevented, such an 
oppression to the colony, that I will rather serve for nothing, and 
spend my own fortune in the defence of his Majesty's honor, and 
the welfare of the province, than ever give way to it." He there- 
upon dissolved the Assembly "from being, sitting, or acting any 
more as the General Assembly of the province." The disagree- 
ment that occurred at this time between his Excellency, and the 
House, was in strong contrast with the harmony that had existed 
between the same body, and Governor Hunter. 2S The urgency 
of Governor Burnet for an increased and permanent revenue for 
the support of government, at a time when the province was em- 
barrassed; his apparent anxiety to restrict the action of the As- 
sembly; together with the assumptions of the Council, were calcu- 
lated to excite dissatisfaction. The Assembly too seemed quite 
uncomplying. In addition to the reasons just mentioned, they 
doubled the propriety, and even the legality of the continuance of 
the Assembly which the former Governor had called, and their 
reluctance to longer service was not disguised. 29 

* The Governor seemed to be sensible of this difference, and in explanation 
thereof said, that his predecessor "had the misfortune in the late Queen's time 
not to be supported at home in his just demands, and when a Governor is so 
unfortunate as not to be sufficiently protected at home, it may induce him to 
compliances which he could not otherwise justify." 

-"The Governor produced especial instructions from the Lords of trade, war- 
ranting him in continuing the Assembly, which, it was said, was " exactly con- 
foimable to the practice in Ireland, where one Parliament has subsisted under 
different Governors since his Majesty's accession to the throne." 



burnet's administration. 325 

Not long after the dissolution of the House, a new one was 
called. 30 In modified and somewhat softened terms, the Governor 
presented to the new Assembly, the wishes and views he had 
formerly expressed. He did not doubt that after so long a time 
had been given to weigh and consider every particular, they had 
brought with them a resolution to support his Majesty's govern- 
ment in an ample and honorable manner; with commendable 
generosity he desired them "not to think of me," but to make 
fuller provision for the inferior officers of government. He again 
adverted to the great advantages enjoyed under his Majesty's 
reign, and enlarged upon the great deliverance that had been ex- 
perienced in an escape from under the rule of " a Popish King and 
a French government." The expressions, as well as the acts of 
the new Assembly, accorded in a great degree with the Governor's 
views. One of their earliest measures was the passage of an act 
"for the security of his Majesty's government in America." It 
was chiefly designed to provide securities against the designs, and 
acts, of the adherents to the Popish religion. It was supposed 
that the people of this faith, if not especially opposed to the go- 
vernment of the province, still felt themselves at liberty, and in- 
deed felt bound, to use every exertion for the restoration of Popish 
supremacy. At the first institution of the government, Papists 
had been expressly excepted from the grant of liberty of con- 
science, and by the present act they were subjected to rigid re- 
strictions. It was made lawful for any two or more Justices of 
the Peace, to administer and tender a certain oath and declaration, 
to any whom they might suspect of being dangerous or disaffected 
to his Majesty's government, and if any such persons should re- 
fuse to take the oath, and make the declaration, they were to be 
esteemed and adjudged to be Popish recusant convicts, and as 
such should be proceeded against. 3 ' Whether any particular ap- 



30 The Assembly was dissolved on the 2Gth of May, 1721. The precise date 
of the meeting of the new one is not known, but it was in the early part of the 
same year. 

31 Suspected persons were required to swear that they would be faithful, and 
bear true allegiance to his Majesty; and that they did in their hearts abhor, 
detest, and abjure that impious and heretical doctrine, and position, that princes 



326 burnet's administration. 

pearances or acts had been noticed, calling for such restraints, is 
not known; but, if in conformity with the royal instructions, and 
with the temper of the English government at the time, and with 
the Governor's views, they were yet but little in harmony with 
the broad declarations in regard to freedom in religious matters, 
that had been made in the province, at a former period. The act 
passed for the support of government at the present sitting, also 
measurably accorded with the Governor's desires ; it was to con- 
tinue for the period of five years. But the liberality of his Ex- 
cellency's expressions in regard to provision for himself, was 
perhaps too strictly interpreted. The salary formerly granted to 
Governor Hunter, was reduced by one hundred pounds ; but five 
hundred being now allowed. Yet full satisfaction was expressed, 
and the Governor dismissed the House with thanks for their pro- 
ceedings, and particularly for the cheerful and honorable support 
that had been given, and for the act for the security of his Majesty's 
government in the province, the latter of which he regarded as 
"the noblest present of the two." 

At the next meeting of the Assembly, which took place in 1723, 
the attention of the House was particularly directed toward finan- 
cial concerns. The Governor stated in his address, that the pro- 
vision they had made for the support of the government, had left 
him but little to ask in that respect, but he thought proper to re- 
mind them of the indebtedness of the province. Numerous peti- 
tions were also received from the people, representing the great 
want of a paper currency. It was stated that the province had 
been drained of a specie currency by reason that the produce of 
the country had been chiefly sold in neighbouring provinces, where 
a currency of paper was in circulation, and which the people had 

ex-communicated by the Pope, may be deposed or murdered by their subjects, 
or by any other person. They were also to swear that they would bear faithful 
and true allegiance to his Majesty King George, and that the pretender had no 
right or title whatever, to the Crown of Great Britian. In the declaration, they 
were required to testify and declare as their belief, that in the sacrament of the 
Lord's Supper, there is not any transubstantiation of the bread and wine into 
the body and blood of Christ, and that the invocation or adoration of the Virgin 
Mary, or any other Saint, and the sacrifice of the mass, are superstitions and 
idolatrous. Allinson's Laws of New Jersey, p. 64. 



burnet's administration. 827 

been obliged to receive ; yet tins foreign currency was not a legal 
tender in the province, and therefore was not received in the pay- 
ment of taxes. To meet the several objects in view, the Assembly 
resolved upon a new expedient. They authorized the emission 
of forty thousand pounds in bills of credit, to be issued principally 
in loans. The amount was to be distributed, in a certain propor- 
tion, among the counties, and the issues to be made through offices 
established for the purpose. The bills were made a legal tender 
in all transactions, and a certain portion was specifically applied 
to the redemption of the bills of credit formerly emitted, and the 
interest thereon. An interest of five per cent, upon all loans was 
demanded, and the interest accrueing, was to be appropriated in 
part, to sinking the bills, and in part, to the support of government, 
under the direction of the Governor, Council, and Assembly. 32 
This policy was afterwards continued, and the loan office, came 
to be an important instrument in the management of the financial 
business of the province. 

It seemed to be the misfortune of Governor Burnet, (or as he may 
have regarded it, his advantage,) to be highly instrumental in con- 
trolling and annulling provincial legislation. Beside the instances 
already noticed, he received and communicated new instructions at 
this period, from the Lords of trade and plantations respecting seve- 
ral acts that had passed in the former administration. He was in- 
formed that three acts which had been transmitted for approval, 
one for shortening law suits and regulating the practice of the law; 



32 The bills emitted under this act were to be used as a general currency, and 
served a similar purpose as the banking bills of modern times. The operation, 
however, was entirely different from banking. The authority and credit of the 
government served in place of original capital, and the issues were made upon 
real and not personal security. No loan was made except on plate, or landed 
estate. The advantage to the government was in the reception of interest upon 
an amount of capital that had cost it nothing, though bound to see that it was 
fairly redeemed. The advantage to the people was in the possession and use 
of that which would be received in all transactions, and which, if it had cost 
nothing to the government, had served as money to them. The capital would 
therefore be willingly returned by the borrower, with the addition of interest, 
and still more, as this additional amount (being used for the purposes of govern- 
ment,) if not paid in interest, must, at least in part, have been paid as tax. 



328 burnet's administration. 

another for acknowledging and recording deeds within each of the 
respective counties of the province ; and a third for enforcing the 
observation of the ordinance for establishing fees, were disallowed 
by his Majesty. The scope of these acts, it was said, was to take 
away the accustomed fees of office from persons who enjoyed the 
same by immediate patents from the Crown, by which appoint- 
ment of the Crown the dependence of the plantations was in some 
measure secured to Great Britain; and therefore the Lords, as they 
said, had counselled his Majesty that these laws should be an- 
nulled, they "appearing to us to be great encroachments upon 
the prerogative of the Crown." 33 

In regard to the judicial department, the authority of the Gover- 
nor was also brought into exercise. The Assembly made an humble 
address to his Excellency, representing the great inconveniences 
the people were subjected to, from the operations of the ordinance 
directing the meetings of the courts of judicature, and asking leave 
to bring in a bill to remove the hardships under which the inhabi- 
tants laboured. The address was considered by the Governor 
and Council, and they resolved, that it would be proper that altera- 
tions should be made in the ordinance, but that leave could not be 
given to the Assembly to bring in a bill, as prayed for, because, by 
the commission of his Majesty the Governor was vested with the 
power to establish and regulate the courts of judicature, and the 
action of the Assembly therein, would deprive his Excellency of 
his proper authority. Another question of some importance arose 
at this period. It related to the constitution of the General 
Assembly, and the authority by which it existed, and might be 
changed. The erection of Hunterdon into a county has been 
noticed, and also the suspension of the election of members to the 
Assembly, until the pleasure of the Queen should Be known. No 
decision was made by the Queen, but the matter was determined 

33 From the communication of the Lords, it appeared that both Governor 
Hunter and Governor Burnet had represented that these laws should be re- 
pealed, as they were injurious to the jurisdiction of the Supreme Court, and 
reduced the fees of the patent officers so that they could not subsist. These 
laws, however, if not well adapted to the full support of his Majesty's officers, 
or of the royal prerogative, were considered by the people as highly important 
to their interests) 



gurnet's administration. 329 

by her successor, his present Majesty. His Majesty referred the 
question as to his authority in the case, to his legal adviser, and 
required an opinion. The Attorney General, Raymond, advised 
his Majesty, that "as the right of sending Representatives to the 
Assembly and the qualification of the electors and elected, de- 
pended upon his Majesty's instructions, he might make any altera- 
tions that were required, and therefore, might empower the new 
county of Hunterdon to send two Representatives, and restrain 
the town of Salem from sending any." 34 The Governor was in- 
structed accordingly. The declaration that the right of represen- 
tation depended wholly upon his Majesty's instructions, went to the 
complete subversion of English liberty. The decision was not 
made upon the ground of any pretended representation of the 
colonists in England, but upon the broad assumption that the 
right of representation in the province, depended entirely upon the 
will of the King. Such questions, it has been said, could only be 
settled by a revolution. 35 

The General Assembly that was convened in 1721, continued 
in being until 1727, and a period of more than two years had 
elapsed in which no meeting had been called. The protracted 
recess, as well as the long continuance of the same body, was a 
cause of dissatisfaction among the people ; they regarded the 
frequent renewal of their deputies, or the frequent opportunity of 
renewal, as an important security to their interests. Their wishes 
were complied with, and a new Assembly was convened on the 
10th of February, 1727, but no business of particular importance 
was then transacted. 

In the latter part of the year 1727, Governor Burnet departed 
from the province, being appointed to the government of Massa- 
chusetts Bay. He had strenuously upheld the royal authority, 
and his own, and resisted every attempt toward an extension of 
popular privileges. 



3 J Chalmer's Opinion's of Lawyers, vol. 1, p. 267. Upon the grant to Hun- 
terdon, it was thought necessary to take the right of electing members from 
Salem, in order that the proportionate weight of the two divisions of the province 
might still be preserved. 

35 Pitkins' United States, vol. 1, p. 88. 
42 



330 montgomerie's administration. 

The successor to the office of Governor of New Jersey and 
New York, was John Montgomerie, Esq.; he received the seals 
of office on the 15th of April, 1728. The condition of the pro- 
vince in regard to its intern;.! interests, continued nearly the same 
throughout the entire period of his continuance in office. 36 But an 
effort was made with a view to procure an important alteration 
in the administration of government. The connexion between New 
York and New Jersey in being included together under one Gover- 
nor, had been a cause of injury, rather than benefit to the latter. 
As the smaller province, it had been placed in a kind of dependent 
relation, and had experienced the evils which such a relation be- 
tween political societies, frequently brings. The connexion at first 
had been but reluctantly yielded to by New Jersey, and an entire 
separation was now desired and sought. In 1728, a motion was 
made in the General Assembly "whether the having a distinct 
Governor for New Jersey, be, in the opinion of this House, for 
the advantage of the province, or not." This motion, after lull 
consideration and debate, was carried, and it was also resolved 
that a deputation of members (which was at once appointed) 
should wait upon the Governor and Council, and inform them of 
the action of the House, and desire their concurrence therein; and 
also, to request a conference as to the proper mode of proceeding 
in the case. The deputation were instructed to inform the Gover- 
nor, that no unfavorable intentions towards him had prompted the 
action of the House, but only a desire to secure the object in view 
whenever a new commission should be given. A petition to the 
King upon the subject was also prepared. 37 This application, 



36 The only legislative enactment of this period requiring notice, Mas "an act 
for securing the freedom of Assemblies." By this "freedom," however, it was 
only meant that the members should not be bound by any engagements in office 
which might embarrass their action as Legislators. The act provided that if 
any member should accept of any office of profit from the Crown, or from the 
Governor for the time being, during such time as he should continue a mem- 
ber, his election should be void, and a writ for a new election should be issued. 

37 In this petition it was represented that his Majesty's loyal and dutiful sub- 
jects, the Representatives of the province of New Jersey, confided in his Majes- 
ty's care, and in his desires for their advantage and prosperity; that the people 
of New Jersey had been placed under the same Governor with his Majesty's 



cosby's administration. 331 

though not attended with entire success, may be supposed to have 
opened the way for other, and more effectual attempts, at a subse- 
quent period. 

After the death of Governor Montgomerie, which occurred in 
July, 1731, Lewis Morris, the President of Council, administered 
the government until the 1st of August, 1732, when William 
Cosby, Esq., arrived in the province with the commission of Go- 
vernor. The General Assembly met on the 26th of April, 1733. 
An interchange of amicable expressions took place between the 
new functionary and the legislative body. At an early period a 
desire was manifested by the Assembly, that some fuller provision 
should be made in relation to the meetings of the Representatives. 
The extended periods between the meetings of the Assembly, as 
Well as the periods between elections, had been much complained 
of by the people. An act was therefore passed for the frequent 
meeting and calling of the Assembly, and for the alternate sitting 
thereof. 38 It provided for the meeting of the Assembly at least 
once in three years, alternately at Burlington and Perth Amboy, 
and for triennial elections. This act was assented to by the 
Governor and Council, but it was afterwards rejected by the King. 
The particular grounds of the rejection are not stated, but a similar 
enactment in New York was disallowed, because of its being, as it 
was said, a high infringement upon the prerogative of the Crown. 
Other enactments of the present Assembly failed in a similar man- 
ner. The rejection of three acts that had been passed in the time 



province of New York, which had been attended with many disadvantages; that 
the government of New York had taken up so much of the Governor's time 
that but a small part could be given to New Jersey; and that applications to him 
could not be easily, and sometimes not seasonably, made. That the principal 
officers were frequently officers also of New York, on which account they were 
less useful in their respective places in the province, and also that the monies 
they received for salaries, which was drawn from the province, was elsewhere 
expended. It was also represented, that though it might formerly have been 
thought too great a burden for the province to maintain a Governor, the people 
were now willing to support a Governor amongst themselves, and the petitioners 
prayed that such an appointment might be made. 

Smith's New Jersey, p. 421. 
38 Votes, vol. 1. 



332 cosby's administration. 

of Governor Hunter, has been noticed. The object of these laws 
was considered of so much importance in the province, that its 
attainment was again attempted. Acts were passed for shortening 
law suits and regulating the practice, and practitioners of the law 
and other officers ; concerning the acknowledgment and registering 
of deeds, and other conveyances in the several counties ; and for 
the enforcement of an ordinance regulating fees. These enact- 
ments would have operated much to the convenience and ad- 
vantage of the people, but would have been injurious to the 
interests of certain officers appointed by the Crown, or the Gover- 
nor. With some amendments, (to Which the Assembly agreed,) 
these acts were passed by the Governor and Council. But they 
were afterwards rejected by his Majesty. 

Although concurrence in action had been maintained to a degree, 
between the different branches of government, yet in point of union 
and feeling, the relations between them were by no means close. 
Beside that the proceedings of the Assembly in the particulars 
noticed, were not entirely approved by the Governor, the House 
adventured upon a representation to him, concerning the appoint- 
ment of the Council. They said "they Avere humbly of opinion 
that it would be of great benefit to this province, that the gentlemen 
of his Majesty's Council should be of credit, estates, and abilities, 
constantly resident, with their families within the province ; to the 
end they might be acquainted with, and concerned for the interest 
thereof." 39 The Governor somewhat briefly replied, that he would 
take care concerning the matters mentioned, and observed, that he 
thought no Governor would recommend any to be of his Majesty's 
Council, but such as were men of credit, estates and abilities. The 
long continuance of the sitting of the Assembly, beside the character 
of their measures, was disapproved by the Governor, and whilst 
the business before them was yet unfinished, (some of the bills just 
mentioned being yet pending,) he thought proper to order an ad- 
journment; he adverted to the great expense that was incurred ; 
expressed his dissatisfaction that no provision had been made for 
his support, and that they had yet done so little for the good of the 

39 The members of Council and the principal officers of the province frequently 
resided in New York, and much inconvenience was experienced in consequence. 



SEPARATION FROM NEW YORK. 333 

province. "A small recess," he said, "and the opportunity of 
consulting with your constituents, may better prepare you for the 
despatch of business." It is possible that the "small recess" may 
have had an effect upon the despatch of business. After the 
completion of the measures that had been entered upon, an en- 
actment was made for a new emission of bills of credit to the 
amount of forty thousand pounds, and a bill was passed for the 
support of the government, for the period of three years ; five 
hundred pounds per annum was given to the Governor. 

Governor Cosby continued in office until his demise, which 
occurred in 1736. 

At that time the application for an entire separation from New 
York was again presented to the King. A petition was offered 
in the name of the President, Council, the Speaker and some of 
the members of the House of Assembly, on behalf of themselves 
and others of the inhabitants of the colony. The Grand Jury too, 
returned to serve for the Supreme Court of Judicature, presented 
a similar petition. 40 These petitions, which were presented by 
the agent of the colony, were referred to the Lords of trade, for 
their consideration and advise in the case. During the pendency 
of the application, the administration of the government of the 
province devolved on John Anderson, the President of the Coun- 
cil, and his death occurring very soon afterwards, the direction of 

40 The petition of the Council and Assembly was dated May 11th, 1736. 
They stated that upon the surrender of the government to Queen Anne, the 
proprietors and inhabitants had reason to hope that the Governor then ap- 
pointed would have been distinct from the person appointed for New York, but 
to the great disappointment of the colony, the same person was appointed for 
both, which mode has continued. That the great value of the government of 
New York had induced the Governor to prefer that province for his residence, 
and also in many instances to prefer its interests, to the prejudice of New-Jersey; 
that great delays had occurred in the management of the government, and in the 
administration of justice. And they stated that the people of his Majesty's 
province of New Jersey, were equally willing and able to support a distinct 
Governor as many of the neighbouring colonies. They therefore prayed that 
his Majesty would be pleased to commission a person to be their Governor, dis- 
tinct from the person to be appointed Governor of New York. The petition of 
the Grand Jury was dated on the same day as the other, and was very similar 
in tenor. Votes and State Papers, vol. 1. 



334 SEPARATION FROM NEW YORK. 

affairs was assumed by John Hamilton, Esq., the next member 
of the Council. The latter continued at the head of the govern- 
ment for nearly two years, when a Governor of New Jersey, 
distinct from New York was appointed. 

The Lords of trade having considered the applications referred 
to them, reported, that they were of opinion that his Majesty 
should comply with the prayer of the petitioners for a separate 
Governor. 41 Accordingly, in 1738, a commission was given to 
Lewis Morris, Esq., appointing him Governor of New Jersey. 

" Their report was dated August 5th, 1736. 



CHAPTER XVII. 



morris', Hamilton's, and belcher's administrations. — the 
french war. change of governors. 

Governor Morris had been active in procuring the separation 
from New York. He had also held important places and had 
performed the highest services in New Jersey. The appointment 
of such an individual to the chief place in the government, together 
with the separation of the province from its former embarrassing 
connexion, were regarded as circumstances highly favorable to 
future prosperity. Under the new organization, some change 
took place in one particular in the action of the government. 
The Council were made a separate branch of the Legislature; the 
Governor refraining from immediate participation in any measure 
relating to Legislative proceedings. 1 The General Assembly con- 
vened on the 27th of October, 1738. In an address made by the 
Governor to the Council and Assembly, he spoke of the indulgence 
of his Majesty in allowing the province to be separated from 
New York, and in appointing a person to the government whose 
conduct was well known to them. He recommended with 
some urgency, that the support of the government should be 
provided for, in a manner corresponding with the assurances that 
had been given as to the dispositions and the ability of the people. 
He stated in general terms, that he should be willing to give his 
assent to all bills that were proper for his approval, and others, 
he hoped, would not be proposed. The Assembly acknowledged 



1 The Governor had formerly presided in the Council when considering and 
acting upon laws. He now entirely withdrew. The change, however, was 
chiefly one of form: The Governor retained the same authority in rejecting laws 
as before. Yet although the respective spheres of action of the Governor and 
Council may have continued almost the same in extent, a greater degree of 
freedom of action may have been gained by the Council, and an addition of 
dignity by the Governor, in consequence of the change. 



330 morris' administration. 

in terms of much warmth, the favor that had been shown by his 
Majesty, both in granting a separate Governor to the province, 
and in the appointment of the person. " The Governor," they said, 
"was a person well known to ourselves to be eminent for his 
great skill in affairs of government, which Ave more than once 
have had experience of; and from his knowledge of the nature 
and constitution of this province, and other advantages of learning, 
if his inclinations and endeavours to promote our welfare bear any 
proportion to his abilities (which we have no reason to doubt,) is 
every way qualified to render us a happy and flourishing people." 
The Council also replied with similar expressions; they stated also 
the satisfaction that was felt on account of their separate and 
distinct establishment as a part of the Legislature of the province. 
But the future course of proceeding was not entirely answerable 
to this auspicious beginning. It was probably supposed by the 
Assembly that the circumstances of the time were particularly 
favorable for securing and for the extension of popular privi- 
leges and rights, and their measures were taken accordingly. But 
the Governor exhibited in the discharge of his new responsibilities 
and duties, the same intractable and resolute temper that had 
formerly been shown, when acting with the people. Hence entire 
unanimity was not long maintained. Several measures which had 
been formerly agitated, were again brought forward in the Assem- 
bly. Bills were introduced for the more frequent election and 
meetinsf of Representatives in the General Assembly; for shorten- 
ing law suits, and regulating the practice and practitioners of the 
law; and for recording deeds in each of the counties. These 
embraced the substance of enactments formerly passed, but which 
had been rejected by his Majesty. An application was also made 
to the Governor praying him to regulate a table of fees, in order 
that the same might be passed into a law. Some of these bills 
(with amendments by the Council,) -were finally passed by the 
Legislative authorities, but the assent of the Governor was with- 
held. Concerning the petition for the regulation of fees, his Ex- 
cellency said, that he would consult with the Council, "and do 
all that was reasonable therein." After some delay, a bill for the 
support of the government was agreed to by the Assembly. It 
provided for the appropriation of one thousand four hundred and 



morris' admin istration. 337 

fifty pounds per annum, for three years, out of the interest accru- 
ing upon bills of credit. Of this amount, one thousand pounds 
per annum was granted to the Governor, to whom also a specific 
grant of five hundred pounds was made in consideration of his 
services in obtaining the separation of the province from New 
York, and sixty pounds yearly for house rent. The salaries of 
the other public officers were also determined. 2 But this provision 
was by no means satisfactory to the Governor. It was, he said, 
less ample than might have been expected, from the promises 
made to his Majesty, and the circumstances of the province; that 
the salaries were too scanty for the services required; that some 
officers had been entirely omitted, and that no provision was made 
for incidental expenses. 3 The course of the House was so little 
in accordance with his Excellency's views, that he determined to 
dissolve them, which was accordingly done on the 15th of March. 
In his address on the occasion, he reviewed the proceedings of 
the House, particularly in reference to the bill for the support of 
government, and expressed himself in language more harsh and 
imperious, than even a strong sense of his duties and his rights 
could possibly have required. 

The session of the next Assembly commenced on the 10th of 
April, 1740. The Governor set forth to the neAv Assembly the 
errors and delinquencies of the former one "I suppose," he said, 
"you are wiser than to believe that if the Council and Assembly 
pass a bill, that by their doing so I am under any obligation to 
pass it into a law, unless I am satisfied that it is reasonable and fit 
for me to do so: because that would be altering the present con- 



2 To the Chief Justice was given one hundred and fifty pounds, to the second 
Judge, forty pounds, the Attorney General, forty pounds, each of the Treasurers 
forty pounds, and other officers proportionably. 

3 The Governor was displeased, not only with the amount of the grant, hut 
also on account of the manner of making it. The bill had been long delayed, 
and a motion for the specific grant to the Governor had at one time been re- 
jected by the House, upon which occasion a positive and rather harsh commu- 
nication was made by him. The statements made as to his services in the busi- 
ness, or a truer sense of justice, afterwards induced the House to agree to the 
grant, but his Excellency seems to have received an unfavorable impression as 
to the intentions of the House. 

43 



338 morris' administration. 

stitution and rendering the Governor a nominal, rather than a real 
part of the Legislature. And I hope you are more honest than to 
deny, or render uncertain and precarious, the support necessary 
for the government to have, or to attempt by that or any other 
method or art, to constrain the Governor to pass any bill into a 
law that he should conceive not fit for you to have, or him to as- 
sent to." 4 A second opportunity was now given, he said, for 
serving the country by passing such laws as were necessary, or 
amending those that were defective. 

The reply of the House manifested very distinctly, a disposition 
to vindicate the course of the former Assembly, and contained 
some pointed reflections upon the conduct and expressions of the 
Governor. They "sincerely sympathized" with his Excellency 
and the people of the province, upon the disappointment caused by 
the failures of the former House. But it appeared to them, they 
said, that progress had been made by the Assembly in preparing 
such bills as were greatly needed, and much desired in the pro- 
vince, but why these bills had not become laws, they would not 
pretend to determine. They were never tempted to believe, they 
said, that the Governor was under any obligation to assent to a 
law that he did not approve; but suggested that the defects of such 
as were presented to him might be pointed out to the Assembly 
or the Council, in order that they might be reconsidered and 
amended. They were grateful, they said, for the opportunity that 
was- given, to use their endeavours for the welfare of the province. 
At an early period some of the bills of the former session were 
again taken up, and others were introduced of a similar tendency. 
The bill for the frequent meeting of the Assemblies was modified 
by proposing the septennial election of Representatives, and in 
that form was passed by the House. No decisive action had been 
taken by the Governor upon the application" to regulate a table of 
fees, but a bill for this purpose was prepared by the Assembly. 



4 A suspicion here seems to be intimated that the tardiness of the former 
Assembly in passing the bill for the support of government, arose from an inten- 
tion to coerce the Governor into an agreement to the measures brought forward 
in the House. These measures indeed were acted upon in advance of most 
other matters, but this their importance would warrant. 



morris' administration. 339 

A bill was also introduced to limit the action of the Supreme 
Court, providing, that no action under fifteen pounds should be 
taken into that court. 5 But no further point was reached toward 
the attainment of the objects sought by these several enactments 
that had been gained by the proceedings of the former Assembly. 
The difficulties between the Assembly and the Governor were 
further increased at this period, in consequence of the introduction 
of a subject connected with the foreign relations of the province. 
A quarrel had occurred between England and Spain, on account 
of occurrences in their American possessions, and in 1739 a decla- 
ration of war was made. On such occasions the English colonies 
were not forgotten by the mother country; their co-operation was 
mostly promptly required, and mostly was promptly rendered. 
The demands of his Majesty for a number of troops and for sup- 
plies from the colonies, were communicated to the Assembly by 
Governor Morris, and speedy compliance was urged. But the 
House was then desirous to adjourn, and permission was solicited 
for a short recess, which it was thought might not be inconsistent 
with a proper attention to the measures proposed. His Excellency 
professed a willingness to accede to the request of the House, but 
conceived that it could not be done consistently with his Majesty's 
directions, and insisted upon immediate action; he stated, however, 
that when he should see " effectual and proper resolutions entered 
into, upon which I can depend," the wishes of the House should 
be considered. A refusal so ungracious in itself, and so ungraci- 
ously made, was not well calculated to forward the object in view. 
But the necessary measures were taken by the Assembly; a 



5 A very large portion of the judicial business of the province was ti'ansacted 
in the Supreme Court, and this circumstance, with the want of a regulation of fees 
by law, exposed the people to much inconvenience as well as exaction. But his 
Majesty and the Governors were desirous, rather to extend, than to lessen the in- 
fluence belonging to the principal places and offices, in order that the province 
might be kept under closer control; Governor Morris said, that the bill for limiting 
actions in the Supreme Court was not "at present convenient for his Majesty's 
service, or beneficial for the inhabitants, but rather otherwise." The act for 
the septennial election of Representatives, he said, "I do not take to be a right 
you are entitled to, but a favor, which a suitable conduct in you can only induce 
his Majesty to grant, or me to recommend to his Royal consideration." 



340 morris' administration. 

bill was passed for procuring supplies, and for giving currency to 
two thousand pounds in bills of credit, to defray the expense. 
But these bills were to be sunk by an appropriation of the interest 
money to be received in the treasury, a mode of proceeding which 
was strongly objected to by the Governor. He insisted, that ac- 
cording to the act under which the interest money was raised, 
such money could only be appropriated to the support of govern- 
ment, and that he was ordered by his Majesty, not to pass any 
law whereby his revenue might be impaired or lessened, without 
his Majesty's special permission. His Excellency therefore caused 
a bill to be drawn and to be submitted to the House, in which it 
was said, "the same ends are proposed," but which was so ex- 
pressed as to save the claim of the Governor in relation to the 
disposal of the revenues. But the bill submitted to them was re- 
jected by the Assembly, and they declared, that they conceived 
the bill they had passed, was "sufficiently worded to answer the 
ends proposed by it." 6 

The attempts of the Assembly to procure the passage of the 
several bills which were deemed important to the interests of the 
province, were continued at every session; and an inclination was 
shown to make the passage of these enactments, a condition of the 
support of government. In 1741, though the amount before 
granted was given to the Governor, and some increase was made 
in the allowance to other officers, the provision was limited to the 
period of one year. In 1742, a bill was introduced for the sup- 
port of government, to which a clause was attached "for ascer- 
taining the fees to be taken by the several officers therein." By 
a vote of the House, in committee of the whole, this clause was 
finally stricken from the bill, and the support was given without 
any condition. Yet the attempt was significant, and the rejection 
of the clause was supposed to be owing, in part, to a fear that the 
House might be dissolved by the Governor, rather than to a 
change of opinion upon the subject. These measures were 
strongly reprobated by the Governor; he not only refused his 
assent to the bills that were presented, but resolved upon dissolv- 



6 The Colonial Governors constantly endeavoured to hold the public revenues 
under their special direction, whilst the Assemblies sought to extend their control. 



morris' administration. 341 

ing the House. In an address at the time he stated, that the acts 
which were offered for his approval were the same in substance 
with those which had formerly been disallowed by his Majesty, 
and that he had been specially instructed not to re-enact any law 
to which the assent of the King or his predecessors had once been 
refused, without express leave for that purpose first obtained. 
"With what view," he said, "my assent was desired to acts dis- 
allowed by his Majesty, and that even without a suspending clause 
according to the instructions well known to you, unless it was to 
expose me to just censure for giving such assent, I leave to be 
determined by all indifferent persons. I hope my not assenting 
to laws I am not empowered to assent to, will not be called a 
fault, but on the contrary, a strict adherence to duty, which by 
God's assistance, nothing shall intimidate me from doing. And 
what was the intent of those strong endeavours to annex a fee bill 
to the bill for the support of government, (a bill to which you 
would never suffer an amendment to be made,) unless it was to 
force the passage of the fee bill without any amendment? It is 
true, the attempt did not succeed, and I thank you for what is 
done for the support of the government, (though not sufficient,) 
but it may not be unworthy of your notice to observe, that this 
fee bill, whatever title or form you may give it, if it be of the 
same nature of that which has twice been repealed, it will not be 
difficult to say what will be the success of it, or the sentiments of 
his Majesty's Ministers concerning it." 

The decisive tone of the Governor did not prevent the Assem- 
bly from a renewal of their efforts. The next Legislature declared 
that they supposed his Excellency had been commissioned for the 
welfare of the province, and that they should proceed to lay such 
laws before him as they thought might revive it from its sinking 
and distressed condition; and that his assent to these, previous to 
the passing a bill for the support of government, would be re- 
garded as a demonstration of his Excellency's good inclinations 
toward the people. 7 The Governor replied that "the passing of 

, The acts particularly desired at this time, related to the regulation of fees, 
to the limitation of actions in the Supreme Court, to the registering of deeds 
and other conveyances in the counties, and to securities to be given by Sheriffs 



342 morris' administration. 

laws, previous or posterior, to your passing a bill for the support 
of government, seems to me not very material; nor do I think that 
your passing a bill for the support of government, is a sufficient 
reason for me to give my assent to a bill that I do not think rea- 
sonable in itself; or that your not passing such a bill, is a sufficient 
reason for me to deny my assent to a bill I think to be so." Some 
of the measures of the Assembly, however, were acceded to, bills 
were passed which received the assent of the Council and of the 
Governor, concerning the acknowledgement of deeds, and for as- 
certaining the fees to be taken by the several officers of the colony. 
But in relation to the latter, a new difficult) r arose ; the bill was 
passed Avith a clause suspending its operation until the pleasure 
of his Majesty should be known; but the Assembly, with a sort 
of impatience for the enjoyment of that which they conceived to 
be sanctioned by justice, and which was allowed by a law of the 
province, resolved, that the act should be immediately published 
and applied. 8 This course was strenuously resisted by the Go- 
vernor; he demanded to know of the Assembly, by what authority 
they ordered an act not in force, to be printed as a rule for the 
government of the people. The Assembly replied, that they had 
not assumed any unwarrantable authority; that they only gave an 
opinion of an act which had passed the three branches of the 
Legislature, and that they did not think themselves accountable to 

for the faithful fulfilment of their duties, and for limiting the period of their 
service. The latter had become necessary on account of the incautious or in- 
terested appointments made by the executive. All these would have been 
highly advantageous to the public interest, and the only ground of objection 
was, that they were calculated to lessen the influence and power of the principal 
officers of the province. The desire of his Majesty, in which the Governor ap- 
peared to participate, to retain the people in strict dependence, and make the 
province a profitable field for office, excited much discontent, and led the As- 
sembly to measures which in some instances, may not have been the most pru- 
dent or proper. 

8 A resolution was adopted "that the act for ascertaining fees passed by the 
Governor, Council, and General Assembly, as it has the approbation of the three 
branches of the Legislature here, ought to have due weight with the judges and 
all others concerned, and that they ought to take the said act for their rule to 
govern themselves by, until his Majesty's pleasure should be known, and that 
the said act be made public for the purpose aforesaid.'' 



morris' administration. 343 

any for their opinion; and that it would not be consistent with the 
dignity of the House, and the trust reposed in them, to give a 
further reply. But with this reply his Excellency was by no 
means satisfied, and his opposition was carried to an extent, that was 
not to be reconciled with his previous assent to the act. He re- 
presented to his Majesty, that it would operate to the injury of the 
province, the fees allowed therein being so much reduced that 
persons of character or capacity would not accept of offices in the 
several courts. The King's refusal of the bill was only delayed 
for a time, through the efforts of the agent of the province in 
England, and finally it was disallowed by his Majesty. 

Another measure which was deemed important to the interests of 
the province, was an act for a new emission of bills of credit. 
The issue of these bills by loans, had been found to be advantage- 
ous to the people, and the interest accruing thereon had served 
for the support of the government. But the parent country was 
ever watchful that the interests of the colonists should be kept 
subordinate to its own, and a bill had been introduced into Parlia- 
ment to prevent the issuing of paper bills of credit in the colonies, 
to be a legal tender in payments; under the pretence that such 
issues were injurious to English commerce. 9 This bill was pend- 
ing in Parliament. During this time an act was passed by the 
Assembly for making current forty thousand pounds in bills of 
credit, but with a clause suspending the operation until his Majes- 
ty's pleasure should be known. But the act was rejected by the 
Council on account of the pending prohibition in Parliament. 10 



9 A copy of this bill being laid before the Assembly, (in November, 1744,) 
they resolved that it was the opinion of the House that "if the said bill, or any 
of that tendency, should pass into a law, it would not only be an encroachment 
upon the fundamental constitution of this province, and the concessions made to 
the first settlers thereof, by his Majesty's royal ancestors, but also destructive 
of the liberties and properties of his Majesty's subjects now inhabitants of the 
colony, as also a great discouragement to the further settlement and peopling 
thereof, which must be vastly detrimental to the trade of Great Britain by les- 
sening the consumption of manufactures." 

10 It ought to be stated, that although the principal ground of the rejection of 
the act for the issue of bills, was the action that had been taken by Parliament, 
yet the Council objected to the plan itself. They said that the raising of money 



344 morris' administration. 

There is reason to believe that injury to "English commerce" 
was not more apprehended than the independence of the Colonial 
Assemblies. The interest arising upon bills of credit, though 
generally appropriated to the support of government, was not, in 
the original acts specifically applied, and therefore was subject to 
the disposal of the House. Could the amount have been limited 
so as merely to meet the existing wants of the government, and 
a specific appropriation of the amount to the payment of salaries 
have been secured, so as to render the officers of government in- 
dependent of the Assemblies, other objections to these issues 
might possibly have been waived. Notwithstanding the threatened 
prohibition of Parliament, Governor Morris stated, that if the bill 
had contained a certain indisputable provision for the support of 
government, "had a sufficient sum been appropriated to the build- 
ing of a house and conveniences for the residence of the Governor, 
and places and houses for the sitting of the Council and Assembly, 
I don't know how far I might have been induced to assent to it, but 
as none of these things are done or intended, I neither can assent 
to it myself, or recommend it to his Majesty." 

The meeting of the Assembly was brought to a close by a new 
disagreement. At this period concealed hostilities had been car- 
ried on for some time between England and France, and an open 
rupture was continually threatened. During the course of the sit- 
ting, the Governor informed the House that his Majesty's decla- 
ration of Avar was made public, and that a necessity existed for 
putting the province in a state of defence. He recommended that 
a law should be passed for the better regulation of the militia, and 
stated that there had been much remissness on the part of officers 
in attending to their duties. The Assembly afterwards replied, 
that upon careful consideration of the militia law of the province, 
they Avere of opinion, that it made sufficient provision to enable 
the Governor to give such assistance as the colony could furnish, 

in this way, for the public use, was unequal and unreasonable, and fatal to the 
interests of the people in general, and to the merchant and trader in particular ; 
that the rich, who ought to contribute most to the public expense, gave nothing, 
whilst the distressed, and people in debt, sustained the whole load; and thai a 
paper currency was fluctuating, credit being lowest, when the greatest sums of 
such money were issued. 



morris' administration. 345 

and that for any neglect of their duties, the officers were answer- 
able to the Governor himself. But they said they should always be 
ready to do their duty in providing means to defray the expense 
that might be incurred in raising the forces. To a more urgent 
communication from the Governor representing the necessity of 
new provisions, a similar reply was returned. An act embracing 
the particulars which his Excellency supposed to be required, was 
then prepared and passed by the Council and sent to the Assem- 
bly; but the House declined to act upon the bill, and prayed the 
Governor to grant them a recess. A recess was not granted, but 
a dissolution was ordered. His Excellency said, that he had en- 
deavoured to show that, it was necessary to make some provisions 
for the defence of the country, and that the Council, sensible of 
the danger, had prepared a bill which had been sent to the House, 
but which they had ordered to lie upon the table, a proceeding 
which was contrary to the duty of the House, and of ill con- 
sequence to the public. " So far from showing any loyalty to the 
Sovereign," he said, "it shows the contrary, as well as a firm 
resolution not to make any provision for defence, and a want of 
affection for their fellow subjects." 

By the next Assembly, which convened in August, 1744, the 
course of the former one was fully pursued. They agreed upon 
a report concerning the state of public affairs in the colony. In 
this they represented the many endeavours that had been used to 
form and obtain enactments that were required for the good of the 
colony, and the opposition that had been made by the Governor, 
and by the Council. ' ' They complained also of the improper union 
of offices in the same person, especially, that the Chief Justice 
should serve at the same time as member of the Council, by which 
means the distinction between the legislative and judicial duties 
and powers was destroyed. 12 

11 The Council had rejected the acts for issuing bills of credit; that to oblige 
Sheriffs to give security and to limit the terra of their office; and that for re- 
newing an act to prevent actions under fifteen pounds from being brought into 
the Supreme Court. 

19 The son of the Governor, was Chief Justice of the province, and also one 
of the Council; and the Assembly illustrated the effect of such an union, by 
showing its operation in certain cases; that as a member of Council, the individual 
44 



346 morris' administration. 

The Council defended the measures and the policy complained 
of by the House. They set forth the reasons by which they had 
been influenced in rejecting the several bills, and declared in a 
formal resolve, that they had an undoubted right to reject any bill 
at any stage of its progress, and that to censure them for so doing, 
was an attempt to alter the constitution. They also resolved that 
it was his Majesty's undoubted right and prerogative to assign 
different places to the same person, and that the duties to be per- 
formed by the Chief Justice and a member of the Council, were 
in no wise incompatible. 13 

At length the division between the branches of government be- 
came such as to cause a serious obstruction to the course of public 
affairs. The acts demanded by the Assembly being rejected, 
the grants for the support of the government were greatly re- 
duced, and finally were entirely withheld. A period of nearly 
two years was passed in various attempts to effect a compromise 
of interests and views ; but the entire contrariety of aims, and the 
mutual distrust of the parties, prevented an accommodation, and 
the death of the Governor which took place in May, 1746, put 
an end to further endeavours. 

The administration of Governor Morris entirely disappointed 
the expectations that had been formed from his previous course, 
and it was scarcely more fortunate for himself, than for the pro- 
vince. It subjected him to reproachful imputations, and changed 
the feeling of gratitude that had formerly existed toward him, into 

might prevent the passage of such an act as that to limit actions in the Supreme 
Court, because as a member of the court, he might be desirous to extend the 
jurisdiction of that court; and it seems to have been supposed that such had 
been the case at the present period. It was also stated, that as causes might 
be taken from the Supreme Court, to be tried before the Governor and Council, 
the same person would still sit as judge, and thus the objects, of a removal 
might be defeated. 

"The example stated by the Assembly as to the inconsistency of the two 
offices, was noticed in pari by stating, that a member of Council was precluded 
by a positive regulation fiom reviewing a case which he had before decided upon 
as a Judge. To this the Assembly replied, that if such was the case, it had not 
before been so well understood ; they also said, that they had not denied the 
prerogative of the Crown, or the rights of the Council, but only the modes in 
which those powers and rights had been exercised. 



Hamilton's administration. 347 

one of resentment. Perhaps his change of position was not suf- 
ficiently considered ; and such a change should mostly be avoided 
by those who are careful of peace or reputation. It is certain, 
however, that in the discharge of his office, he manifested a dis- 
position rather to uphold the arbitrary pretensions and demands of 
the Crown, than to favor and defend the interests of the colonists. 14 

Upon the death of Governor Morris, the administration of go- 
vernment devolved on John Hamilton, Esq.,' the eldest member of 
Council. Though the war which existed between England and 
France had arisen chiefly on account of occurrences in Europe, 
it extended in no long time, to the American colonies belonging to 
the respective parties. The national jealousy of the colonists 
had been sharpened by an active competition in trade, and par- 
ticularly in endeavours to command the fisheries on the coast. 
This trade was of the greatest importance, and the attempts of the 
French, after the commencement of the war, to acquire possession 
of some of the principal stations, alarmed and aroused the English 
colonists. 

In 1745, an expedition was projected by Governor Shirley, of 
Massachusetts, for the reduction of the settlements of the French 
at Cape Breton, and especially, for the conquest of Louisburg, the 
capital. Commodore Warren, the English commandant on the 
coast, declined to concur in the attempt, without express directions 
from the Ministry. But an armament was prepared through the 
steady exertions of Shirley, and was placed in the command of 
Pepperel, an eminent merchant, and a Colonel of the Massachu- 
setts militia. The squadron set sail, and afterwards was joined 
by the English forces. The undertaking was entirely successful; 
after a seige of two months, Louisburg was reduced, and was sur- 
rendered to the English Crown. 15 Encouraged by this success, 



14 Among other events of his administration, the erection of a new county 
should be mentioned. It was established in March, 173S-9. It was taken from 
Hunterdon, and received the name of the Governor, being called Morris. 

15 The capture of Louisburg was strictly American, and in fact, a New 
England enterprise. The plan was laid before the Legislature of New Jersey, 
but the House declined to concur in the attempt at the time, being entirely des- 
titute of vessels, and doubting the propriety of proceeding without the approval 
of the King. But upon being informed that Louisburg was actually beseiged, 



348 Hamilton's administration. 

an extensive plan was formed by the English Ministry, at the in- 
stance of the colonists, for the reduction of the whole of the French 
possessions in America. Instructions were given to the several 
Colonial Governors, directing the mode to be pursued in furnish- 
ing men and supplies. In July, 1746, these instructions were 
laid before the Legislature of New Jersey by the acting Governor, 
Hamilton; and an enactment was passed to encourage the enlist- 
ment of five hundred men, and to provide for their subsistence and 
transportation. The amount of interest in the treasury was ap- 
propriated to the purpose, and an issue of ten thousand pounds in 
bills of credit was ordered. The Assembly declared that they 
were "heartily desirous to do all in their power in support of his 
Majesty's interest." A similar disposition was shown by the rest 
of the colonies. But the event of this movement was by no means 
answerable to the extent of preparation. The measures of the 
British Ministry were so tardily and feebly pursued, as almost to 
warrant the suspicion that no anxiety was felt to relieve the colo- 
nists from the dangers with which they were threatened. 16 The 
pacific proceedings that followed were of a similar character. By 
the "inglorious" treaty of Aix la Chapelle, which was concluded 
in 1748, the principal advantage already secured was relinquished, 
and no one of the grounds of dispute or complaint was fully re- 
moved. Louisburg was surrendered to its former possessors ; the 
right of English vessels to immunity from search and detention, 
which had been a principal cause of difficulty between England 
and Spain, was scarcely noticed in the treaty;- and the limits of 
the respective colonial possessions of England and France, in 
America, remained unsettled, to be determined at a future period 
by a resort to arms. 

and with his Majesty's approval, the House unanimously voted that two thou- 
sand pounds of the interest money then in the treasury should be transmitted in 
provisions, to the American forces. 

16 Some American politicians believed that the British Ministers had become 
jealous of the daring and enterprising character of the colonists, and were secretly 
not averse to the continuance of the restraint which the neighbourhood of the 
French imposed. The conduct of the Ministry at this time gave some reason 
for such a belief, and but for the change that afterwards occurred, the opinions 
of the few, would no donbt have been generally adopted, and would have given 
rise to much dissatisfaction in the colonies. 



belcher's administration. 349 

At the demise of President Hamilton, in 1747, the administra- 
tion of government in New Jersey devolved on John Reading, Esq., 
the next eldest Councillor, but very soon afterwards, a commission 
was given to Jonathan Belcher, Esq., appointing him Governor 
of the province. The conduct of this officer was prudent and 
conciliating; and calculated to compose the differences which had 
formerly existed. He seldom opposed the measures of the As- 
sembly, except when acting under positive instructions from his 
Majesty. During his administration, several of the laws which 
had been rejected in the time of Governor Morris, were allowed, 
and others which had been enacted for a limited period, were re- 
newed and continued. The law for limiting actions in the Supreme 
Court was re-enacted, and another was passed for the regulation 
of fees. 17 In the latter, the amount was prescribed to be taken in 
specified cases, by the Governor, by Justices, and other officers 
of courts, by Juries, Lawyers, and witnesses, and by all persons 
engaged in the services of the Assembly, or in the offices of 
record. This act was confirmed by the Royal assent. Whilst 
the concessions just mentioned had tended to unite the branches 
of the government, and bring them into nearer union, other cir- 
cumstances arose, to disturb the quiet of the province. The 
ancient dispute concerning the titles of land, which at earlier 
periods had been the cause of so much confusion and strife, was 
once more revived. Large portions of land were held which had 
been acquired by irregular purchases from the Indians, in disre- 
gard of proprietary rights ; and the claimants under the laws of 
the province had not been able to recover the property, or to 
compel the payment of quit rents. But at this period the pro- 
prietary titles to extensive portions of land, fell into the hands of 
individuals who were possessed of authority and influence, and 
who were disposed to enforce their claims. 18 Writs of ejectments 
were issued, and suits for the recovery of quit rent were com- 
menced against many of the settlers. The defendants, forming a 
large portion of the population of some of the counties associated 



"Allinson's Laws, p. 159. 
18 These persons were Robert Hunter Morris, the Chief Justice, James Alex- 
ander, the Secretary of the province, with other prominent individuals. 



350 belcher's administration. 

together, and resolved, that whatever might be the decision of law, 
they would maintain their possession. Individuals who had been 
decided against in the courts and committed to prison, were re- 
leased by force. For a time the laws became powerless. The 
Governor and Council viewing the proceedings as most serious 
offences, not only endeavoured to sustain the courts in the admin- 
istration of existing laws, but recommended to the Assembly the 
passage of an act with most rigid provisions, for the prevention of 
all assemblages that should appear. of a riotous character. But 
this recommendation was not acceded to; the Assembly apparently 
regarding the case as not of so aggravated a nature, or supposing 
that other and milder measures would be more, effectual. Memo- 
rials and counter memorials upon the subject Avere presented to 
the King. The Council of Proprietors, whose interest it was to 
sustain the proprietary claims, represented to his Majesty, that the 
people had combined together to subvert the government, that 
they had refused to submit to the laws, and had erected pretended 
courts of justice for themselves, and that the Assembly refused to 
grant the necessary aid to enable the executive officers to maintain 
their authority. The Assembly set forth, that the original divi- 
sions and sales of land had been so made as to give rise to op- 
posing claims ; that the present parties were a number of poor 
people on the one part, and some of the rich, understanding, and 
powerful on the other; and that the latter were harrassing the 
people by a multiplicity of suits, which had excited general un- 
easiness, and threatened to be productive of the greatest distress, 
and the more so as most of the officers of the province were sup- 
posed to be connected with the claimants in the suits. These 
representations of the Assembly had but slight bearing upon the 
matter really in issue. It is not improbable that the claimants in 
the cases in question were disposed to urge their advantages with 
but little forbearance ; yet the opposers of the proprietary rights 
were known to have acquired their claims, and to have continued 
in the enjoyment of property by a violation of law, and if they 
suffered in consequence, it could only be regarded as the result of 
an improper and unauthorized proceeding. In any case, their 
forcible resistance of law in mere anticipation of injustice, was 
wholly indefensible. Yet to a great extent, the object of the in- 



belcher's administration. 851 

surgents was attained. Their combination enabled them to put 
at defiance the civil authorities, and the sympathies of the Assem- 
bly deferred a resort to the military arm. By this temporising 
policy, the strict demands of justice were sacrificed, but peace was 
preserved. Some of the rioters became sensible, if not of the im- 
propriety of their course, at least of the danger they incurred, and 
petitioned for pardon; others refrained from open opposition to 
the public authorities, but continued to retain their private posses- 
sions. Two acts were finally passed by the Assembly which 
terminated the protracted dispute. One of these was an act to 
pardon persons who had been guilty of riot. It prescribed that 
as some of these persons, conscious of their guilt, had presented 
petitions to the House praying their supplication with the Gover- 
nor on behalf of the offenders, a free pardon was "hereby" 
granted to them. The other act provided for the suppression and 
prevention of riots, tumults, and disorder in the province. 

A difficulty of another description occurred at this period. It arose 
in relation to a bill to determine the value of taxable property in the 
several counties, for the purpose of apportioning their respective 
quotas. The bill prepared by the Assembly, included all profit- 
able tracts of land held by patent, deed, or survey, whereon any 
improvement was made. This was objected to by the Council. 
They urged that it was contrary to the royal instructions which 
prohibited any tax upon unprofitable lands, and that the restriction 
or definition of the bill, limiting its operation to lands whereon an 
improvement was made, was so vague and uncertain, that large 
portions of lands might be included that were wholly unproductive. 
But the Assembly adhered to their bill. It was probably their 
object, at a time when the resources of the province were limited, 
and some of the usual means of relief had been denied, to reach a 
portion of the lands that had hitherto been exempted from taxa- 
tion under the general provisions of the royal instructions. The 
Council, as executive officers, were disposed to maintain these 
instructions in their fullest extent; and it was also suspected that 
as large proprietors themselves, some of the body were directly in- 
terested in opposing an extension of taxation on land. Neither party 
would yield, and as an assent to the "Quota Bill" was demanded 
by the Assembly as a preliminary to any grant for support, the 



352 THE FRENCH WAR. 

officers of government were left for nearly three years without 
any compensation. Governor Belcher at length dissolved the 
Assembly. The new House, which met in May, 1751, was de- 
sirous to remove the difficulty. A new bill was formed, in which 
lands were classified with a view to their quality, and all that 
could with any propriety and justice be deemed profitable, were 
made liable to taxation, at a rate depending on their class. 

Among the occurrences of this period of Governor Belcher's 
administration, the erection of two new counties may be noticed. 
One was established by an act passed on the 19th of January, 
1747. It was taken from the southern portion of Salem county, 
and was called Cumberland. 19 The choice of members to the 
Assembly was suspended until the pleasure of the King should 
be known, the freeholders continuing to vote with Salem. The 
other was established by an act passed on the 8th of June, 1753. 
It was taken from Morris county, and was called Sussex. As in 
similar cases, the right of electing members to the General As- 
sembly was withheld for the time. 

The treaty of Aix la Chapelle, already noticed, had been formed 
upon such a basis that it could scarcely prove to be permanent. 
Nearly all the former differences continued to exist, and no change 
whatever was made in relation to the American claims of the con- 
tracting powers. France asserted a right on the north, to all 
Canada, which country had been erected into a province called 
New France, at the head of which was a Governor, appointed by 
the King. On the south, the same nation advanced a claim to an 
immense region which had also been erected into a province called 
Louisiana. 20 They also claimed to have traced the Ohio River, 
and this stream they represented as the natural communication 
between their provinces on the north and south, and the whole 
of the country watered by this stream, as well as other streams 
falling into the Mississippi, was claimed by them. Great Britain 
on the contrary, claimed as far north as the St. Lawrence, and 

13 The name was given by Governor Belcher, in honor of the Duke of Cum- 
berland. 

™ The original claim of France to Canada was founded on the discoveries of 
Cartier. The title to Louisiana was founded on the discovery of the River 
Mississippi, by De la Salle in 1 683. 



THE FUEXCH WAR. 



353 



the great lakes, and from the Atlantic to the Pacific. To maintain 
their pretenisons, the French had projected a vast line of forts ; 
and posts were already established upon the lakes, and one on the 
River Le Bceuff, not far from the Ohio. In their advances, they 
either treated with, or attacked and subdued the native tribes who 
were in alliance with the English, and threats or remonstrances 
were sent to arrest the progress of an American company who were 
attempting to establish a settlement. 21 These movements could 
not but excite attention, and Governor Dinwiddie, of Virginia, 
resolved upon despatching a messenger for the purpose of learning 
the designs of the French, and to convey a declaration of the 
English claim to the country. This messenger was George 
Washington. He left the frontier with a number of attendants 
in November, 1753. After a long and hazardous journey, he 
reached the post on the Le Bceuff, and was received with civility 
by St. Peirre, the Commandant. To the request from the Go- 
vernor of Virginia, that he would leave the country belonging to 
the English, the Frenchman only replied, that he was there by 
orders from the Marquis du Quesne, the Governor of Canada, 
whose directions he should obey, and to whom all further ques- 
tions concerning a right to the country, were referred. This 
answer, together with other information he had acquired, was re- 
ported by Washington. The British Ministry were apprised of 
the movements of the French, and a representation upon the sub- 
ject was made to the Court of Versailles. But the professions of 
that court, and the directions that were given to the Governor of 
Canada, to refrain from any aggression, were perhaps but designed 
to amuse, as the same course of proceeding was afterwards con- 
tinued; and the English Ministry, foreseeing the issue, save in- 
structions and authority to the Colonial Governors to resist and 
repel encroachments. Measures were also taken to secure the 
fidelity and aid of the six nations of Indians who were in alliance 

21 In 1750, a number of persons, mostly from Virginia, of whom Lawrence 
Washington was one, procured an act of the British Parliament, constituting 
them into a body under the name of the Ohio Company, and granting to them 
six hundred thousand acres of land on, or near the Ohio River. They caused 
the land to be surveyed, and opened a trade with the natives, and were making 
preparations for a settlement at the time of the advance of the French: 
45 



354 THE FRENCH WAK. 

with the English, and under their protection. In September, 1753, 
instructions were sent by the board of trade to the Governor of New 
York, to hold a meeting' and treat with the six nations ; to hear 
and redress their complaints, and to gratify their wishes in other 
particulars ; and instructions were transmitted to the other colonies 
to send commissioners to this meeting, and to unite with New 
York, in order that all the provinces might be comprised in one 
general treaty, to be concluded in his Majesty's name. The in- 
structions of his Majesty were placed before the Assembly of 
New Jersey in April, 1754. But New Jersey had not been di- 
rectly concerned in the Indian trade, or a party in Indian treaties ; 
and the Assembly declined a direct concurrence in the contem- 
plated measure. But they expressed a willingness to contribute 
their assistance, and to join with other colonies in resisting the en- 
croachments of the French. This decision was adhered to, not- 
withstanding urgent representations from the Governor to induce 
a compliance with his Majesty's directions. In consequence, 
New Jersey was not represented in the meeting of colonies. The 
commissioners appointed in other colonies convened in June, 
1754, at Albany, in the province of New York. 22 The treaty 
with the Indians being concluded, another object was presented 
to notice. A communication had been received from the Earl of 
llolderness, the English Secretary of State, recommending that 
there should be formed at this meeting, a general plan of union 
among the colonies, for mutual aid and defence. The commis- 
sioners were sensible of the importance of the object; they per- 
ceived that effectual resistance against the designs of the French 
could only be made by means of a general combination. They 
therefore resolved "that an union of the colonies was absolutely 
necessary for their preservation." Of the several plans of union 
that were presented to the body, that proposed by Dr. Franklin, 
of the Pennsylvania delegation, was preferred, and was, as to its 
principal features, finally adopted. 23 This scheme was agreed to 



--There were Commissioners from Massachusetts, New Hampshire, Khode 
Island, Connecticut, New York, Pennsylvania, and Maryland. 

Pitkin's United States, vol. 1, p. 142. 
This plan provided, that with the assent of the Parliament, a general go- 



THE FRENCH WAR. 355 

by all the commissioners except those from Connecticut; they re- 
fused their assent on account of the extensive powers that were 
given to the President General. Copies of the plan were trans- 
mitted to the King, and to each of the colonies. But it was re- 
jected both in England and in America ; in the former, because it 

vernment should be formed in America, embracing the whole of the colonics ; but 
that under this general government each separate colony should retain its own 
constitution, excepting only such changes as might be rendered necessary in the 
new relation. The general government was to be administered by a President 
General, to be appointed by the Crown, and a Grand Council chosen by the 
Representatives of the people in the Colonial Assemblies. The members chosen 
from any of the colonies not to be less than two, or more than seven. In the 
first apportionment, Massachusetts was to have seven. New Hampshire two. 
Connecticut five. Rhode Island two. New York four, New Jersey three, Penn- 
sylvania six, Maryland four, Virginia seven, North Carolina four, and South 
Carolina four. Afterwards, the members were to be apportioned according to 
the monies paid into the general treasury by each colony. The Grand Council 
were to meet once every year, or oftener, if called by the President General, 
with the consent of seven of the members. The President General was to have 
a negative on all laws, and to superintend the execution of the laws. The 
President General and Grand Council were to have the regulation of all affairs 
with the Indians, to direct in making new settlements on lands purchased of 
the Indians, if not within the bounds of particular colonies, (or not within their 
bounds when some of them should be reduced to more convenient dimensions,) 
and to make laws for the trovernment. of such settlements. The President and 
Grand Council were to have power to raise and maintain a military force, build 
ships and forts, equip vessels to guard the coasts, and protect the trade on the ocean, 
lakes, or great rivers, but no men were to bo impressed in any colony, without 
the consent of the Legislature thereof. For the purposes above mentioned, the 
President and Council were to have power to make laws, lay and levy such 
general duties, imposts, or taxes, as should appear most equal and just; to ap- 
point a Treasurer General, and a particular Treasurer in each government, but 
no money to be drawn but by the joint order of the President and Council. 
Twenty-five members, being one or more from each of (he colonies, should form 
a quorum of the Council. The laws that should be enacted were not to be 
repugnant to the laws of England, and must be transmitted to the King for his 
approval, and if not disapproved within three years, were to remain in force. 
On the death of the President General, the Speaker of the Grand Council, for 
(he time being, should succeed to the office until the pleasure of the King should 
be known. All military and naval officers to be nominated by the President 
and approved by the Council, all civil officers to be nominated by the Council 
and approved by the President, and in case of vacancy by death or removal of 



356 THE TRENCH WAR. 

left too much power with the colonists, in the latter, because it 
gave too much to the Crown. By the Assembly of New Jersey 
it was immediately rejected, and the House transmitted instruc- 
tions to the agent of the colony in England, to oppose all en- 
deavours for its ratification there. The plan was regarded by the 
House as likely to be injurious to all parties, "that it might be 
prejudicial to the prerogative of the Crown and to the liberties of 
the people." 

After the rejection in England of the American plan of union, a 
different one was proposed by the British Ministry. But if this 
scheme was free from some of the objections which had caused 
the former one to be rejected in the colonies, it contained others 
still more opposed to popular rights. It provided that the Gover- 
nors of all the colonies, with one or more of their Council, should 
assemble and devise measures for the common defence ; that they 
should erect forts where they should think proper, and give orders 
for raising such forces as might be deemed necessary; and have 
power to draw on the treasury of Great Britain for the sums re- 
quired for these purposes, the whole amount to be afterwards re- 
imbursed by a tax laid on the colonists by act of Parliament. 
The Ministerial project was communicated to several of the Col- 
onial Governors, but it met with no favor, and was dropped with- 
out the formalities of a distinct rejection. 24 During this period 

any officer, civil or military, the Governor of the province in which the vacancy 
happened, to appoint a successor until the pleasure of the President and Council 
should be known. In particular emergencies, each colony might act in its own 
defence, and the expense incurred thereby should be paid by the general go- 
vernment if judged to be just and reasonable. 

24 The Ministerial plan received particular attention from Governor Shirley, 
of Massachusetts, who is supposed to have regarded it with favor. But it was 
communicated by him in December, 1 754, to Dr. Franklin, who was then at 
Boston, for his opinion. A long and most able reply was given by Franklin ; 
he presented the objections against such a scheme with the greatest clearness 
and force; he stated, amongst other reasons, that it was supposed to be the un- 
doubted right of Englishmen not to be taxed but by their own consent given 
through their Representatives; and the compelling the colonists to pay money 
without their consent, would be rather like raising contributions in an enemy's 
country, than taxing Englishmen for a public benefit. If Franklin had some- 
what misapprehended the vie,vs of his countrymen in framing the Albany plan, 



THE FRENCH WAR. 357 

the French had continued their attempts to establish themselves 
in the country upon the Ohio, and a strong work was erected at 
the junction of the Allegany and Monongehala Rivers. It was per- 
ceived by the colonists that their claims to the country must either 
be abandoned, or that resistance must be made. The latter was re- 
sorted to, under the general authority that had been given by the 
English King, to oppose and repel encroachments. Accordingly, a 
company of men was raised in Virginia, and in April, 1754, they 
advanced under the command of Lieutenant Colonel Washington, 
towards the posts of the French. Hostilities soon ensued; and 
the war thus commenced, was continued from that period. Yet an 
actual declaration of war was not made for nearly two years later ; 
and hence this has been called the war of 1756. In the long con- 
test that followed, the American colonies bore a full share. In 
times of peace, the several colonial establishments were carried 
on by means of regulations made by the respective governments ; 
but the general direction of warlike operations being assumed by 
the Crown, requisitions for men and money were made upon the 
colonies, and apportioned among them according to population 
and wealth. The requisitions at this time made, were mostly 
cheerfully met. The Assembly of New Jersey, as well indeed 
as other similar bodies, continued to maintain their privileges ; 
they claimed the right to exercise discretion, and in some instances 
this discretion was followed, yet no disposition was manifested 
to escape from reasonable demands. 

For a period after the commencement of the war, disaster at- 
tended the British arms. Braddock failed and fell on the Ohio; 
Shirley, after a tedious and painful advance, effected nothing on 
the Niagara; and the partial and unimproved success of Johnson 
in the vicinity of Crown Point, was insufficient to dispel the 
general gloom. In many of the colonies the greatest distress was 
experienced, not only on account of the exertions and deprivations 

he succeeded in perceiving and explaining their opinions in his notice of the 
Ministerial scheme. Yet Franklin seems to have retained a partiality for his 
first work, and afterwards said, "that the different and contrary reasons of dis- 
like to my plan, make me suspect that it was really the true medium, and I am 
still of opinion it would have been happy for both sides, if it had been adopted." 

Memoirs, part 2. 



358 THE FRENCH WAR. 

incident to the state of affairs, but from the frequent incursions of 
the French and their savage confederates. The latter, encouraged 
by the successes of the French, had broken from their English 
connexions, and now swept over the country, and committed the 
most atrocious depredations and cruelties. ' But at length, under 
the vigorous administration of the celebrated Pitt, an entire altera- 
tion took place. The British arms became triumphant, and after 
the battle on the plains of Abraham, in September, 1759, and the 
consequent surrender of Quebec, the power of France in America 
was nearly prostrated. Negotiations for peace soon followed, but 
these not being successful, a "family compact" was entered into 
between France and Spain, to oppose the growing pretensions 
and power of the English. 25 The union of these powers was a 
means of prolonging the contest for a time. This indeed had 
been foreseen by Pitt, and he had urged upon the Cabinet the 
necessity of forestalling the effect, by an early attack upon Spain. 
But a new King of narrow capacity and a determined temper, had 
come to the throne, and a portion of the Cabinet were jealous of 
the power and influence which the principal Minister had held 
and wielded. 26 Pitt was overruled, and he, resolving not to be 
responsible for movements he could no longer direct, resigned his 
employments and place. But a powerful impulse had been given 
to the course of affairs, and the new Minister had sufficient wisdom 
to follow in the track that had already been opened, and Great 
Britain, by the aid of her colonies, rose superior to the united power 
of the Bourbons. In 1762, Ilavanna, the capital of Cuba, and the 
strong hold of Spanish America, surrendered to the English, and 
other places of strength were also reduced. These continued suc- 
cesses gave rise to dispositions favourable to peace. France and 

25 In this agreement between France and Spain, which was concluded on the 
15th of August, 1761, it was declared that the two Crowns would consider as 
their common enemy every power that should become such to either, and that 
whoever attacked one Crown, attacked also the other. It was also agreed that 
when they should terminate by peace, the war the}' had supported in common, 
they would balance the advantages that one might have gained, against the 
losses of the other. 

-' Upon the death of George the Second, in October, 1760, George the Third 
ascended the Throne. 



THE FRENCH WAR. 359 

Spain were dispirited, and England was less desirous of farther con- 
quest, than for relief from the embarrassments caused by the debts 
incurred in the war. Preliminaries for a treaty of peace were 
agreed to, and signed on the 3d of November, 1762, and the articles 
were finally ratified and confirmed at Paris in February, 1763. 

By this treaty, Nova Scotia, Canada, and all their dependencies 
were ceded to Great Britain, and a line was agreed upon between 
the dominions of his Britanic Majesty, and those of his most 
Christian Majesty, drawn along the middle of the River Missis- 
sippi, from its source, to the River Iberville, and from thence by 
a line drawn along the middle of the River and the Lakes Maure- 
pas and Pontchartrain, to the sea; and his most Christian Majesty 
ceded in full right and guarantied to his Britanic Majesty the 
river and port of Mobile, and every thing he possessed or ought 
to possess, on the left side of the River Mississippi, except the 
town of New Orleans and the island on which it is situated, which 
were reserved to France. To secure the restoration of Havanna, 
the King of Spain was obliged to yield to Great Britain, Florida, 
St. Augustine, the Bay of Pensacola, and all her possessions to 
the east and south-east of the Mississippi. To compensate Spain 
for the loss of Florida, and thus to "balance" advantages and 
losses, France, by a secret article, ceded Louisiana to his most 
Catholic Majesty. 

The design of France to confine the English colonists to a 
narrow strip of coast, or perhaps to subjugate them entirely, was 
thus completely defeated. The entire command of the country 
to the east of the Mississippi, was secured by the English, and 
Canada was added to their possessions. But these advantages 
had not been easily or cheaply obtained. There had been a 
great expenditure of treasure and of life. The colonists had 
generally kept in the field a force of twenty thousand men, and 
had contributed more than three millions of pounds. 27 New 
Jersey had raised at different periods, near three hundred thousand 
pounds, and for a great part of the time had maintained a force of 
one thousand men, beside particular bodies for special services. 

21 Of this sum the British Parliament reimbursed at different times, one mil- 
lion of pounds. 



3G0 CHANGES OF GOVERNORS. 

Several changes had occurred during this period in the govern- 
ment of New Jersey. At the death of Governor Belcher, which 
occurred in August, 1757, the administration again devolved upon 
John Reading, who continued in office until he was superseded, in 
June, 1758, by the arrival of Francis Bernard, Esq. 2S Governor 
Bernard performed important services in effecting a pacification 
with the Indian tribes. In 17G0, he Avas transferred to the govern- 
ment of Massachusetts, and was succeeded by Thomas Boone, 
who, in about one year, Avas also transferred, being removed to 
South Carolina. Josiah Hardy, Esq., was the next in succession; 
his period of service was likewise but brief; being appointed soon 
afterwards to the Consulate at Cadiz. In September, 1762, a 
commission was given to William Franklin, Esq. He was the 
son of Dr. Benjamin Franklin. He had served as a captain in 
the late war, and afterwards had accompanied his father to Eng- 
land. He owed his appointment to the influence of Lord Bute. 29 



28 President Reading at first refused to enter upon office, on account of his age 
and infirmities, which he said rendered " the administration too burdensome for 
me cheerfully to undertake." But he finally consented. 

23 The appointment of Franklin as Governor, was the cause of some surprise 
at the time, his fitness for the place being strongly questioned. 

See Life of Lord Sterling, p. 69. 



CHAPTER XVIII. 



OPINIONS RELATING TO TTIE RIGHTS OF THE COLONIES. PASSAGE 

OF THE STAMP ACT. OPPOSITION TO THE STAMP ACT. THE 

REPEAL. 

The long contest that had been carried on by England and her 
American colonies against a common enemy, had served, for the 
time, to bring them into closer union, both of interest and of feeling. 
The sympathies that arose from a common extraction, had been 
strengthened by a participation in danger, and afterwards in 
triumph. The Assembly of New Jersey declared, at the conclu- 
sion of the war, that ",ages to come will rejoice in the happy 
event, and we trust the recompence to our mother country will 
prove unfailing returns of wealth and gratitude, in a manner not 
now easily foreseen." But the concord that had thus arisen was 
not destined to be of long duration. At an early period differences 
of opinion began to be manifested as to the relative condition and 
claims of the countries. Such differences indeed had long existed, 
but no marked occasion had occurred for their general exhibition. 
The colonial governments had been established at different times 
and in different modes; there were provincial, proprietary, and 
charter governments. In some of these the dependence of the 
people upon the Crown was closer than in others; but whatever 
might be the particular character of their institutions, the colonists 
claimed to be entitled to all the privileges which belonged to other 
subjects of Great Britain. They claimed, that in the new and distant 
country in which they were placed, they had lost none of the rights 
and immunities that were enjoyed by residents and native born sub- 
jects in the ancient realm. The limitations upon authority, which 
existed and were in force in the mother country, were supposed also 
to be in force in the provinces. In the maintenance of these claims, 
important questions arose from time to time for consideration and 
decision, and among the most important of these, were those relat- 
46 



362 OPINIONS RELATING TO THE RIGHTS OF THE COLONIES. 

ing to representation and taxation. It was one of the vital prin- 
ciples of the English constitution, that the people should be free 
from all taxation, except such as they had assented to, either 
directly, or by the representatives they had chosen. In the govern- 
ment of England, representation and taxation were regarded as in- 
separable. The colonists claimed that this immunity belonged to 
them as fully as to any other subjects ; that Americans could not be 
taxed but by their own consent. This claim had been advanced at 
the earliest periods, and had been constantly maintained. 1 They 
also declared that they were not, and from their local situation could 
not be represented in the British Parliament, and therefore, that 
they could not be taxed by that body; that the authority of Parlia- 
ment in this respect was entirely inoperative in the provinces ; and 
this doctrine seemed to be supported not only by justice, but also by 
the general scope of provincial government. There was not, except 
in one instance, any thing to give color to an exercise of Parliamenta- 
ry authority in the colonies for the purpose of taxation. The original 
charter of Pennsylvania contained a provision that the Crown 
should levy no tax, or custom upon the inhabitants, or their goods, 
unless by the consent of the proprietary or the Assembly, "or by 



1 So early as 1636, the Assembly of Plymouth declared that "no act, imposi- 
tion, law, or ordinance be made or imposed upon us at present or to conic, but 
such as has, or shall be enacted by the consent of the body of freemen or their 
Representatives legally assembled ; which is according to the free liberties of the 
free born people of England." In 1650, when the constitution of Maryland 
was settled, the Legislature enacted, that no taxes should be assessed or levied 
on the freemen of the province without their own consent, or that of their depu- 
ties. In 1661, the General Court of Massachusetts made a similar declaration, 
and very soon afterwards Rhode Island adopted, on her own behalf, the words 
of Magna Cbarta, that "no tallage, or custom, loan, or benevolence, gift, excise, 
duty, or imposition whatsoever, be laid, assessed, imposed, levied, or required of 
any of his Majesty's subjects within this colony, or upon their estates, upon any 
pretence, but by the assent of the General Assembly of this colony." {Pitkin, 
vol. 1, p. 80.) At an early period, the same principle was asserted in New 
Jersey. The attempt of Andross to impose customs upon the people of West 
Jersey drew forth the admirable defence which was made by the proprietors 
against such a demand. They asserted that it was in direct opposition to their 
English right of common assail to taxes. Similar declarations were mai 
different times in nearly all of the coloni 



OPINIONS RELATING TO THE RIGHTS OF THE COLONIES. 3G3 

act of Parliament in England."- But this single instance could 
hardly be regarded as ground for a general exercise of power. 
Whatever views then, might be held, as to the right of Parliament 
to bind the colonists in other respects, almost universal opinion 
was against such a right in the case in question. 3 But different 
views were entertained in England, and attempts were made at 
various times to impose taxes upon the colonists. This was even 
done at first .by royal authority; the King, or officers acting under 
his direction, ordering such levies as they should deem proper. 
But this was too evidently opposed to the whole spirit of the 
British constitution, to be long tolerated. Afterwards, it was con- 
tinued by Parliament, and enactments were passed which were 
made to operate throughout the colonies, and by which large sums 
were drawn from them. In most instances, however, the opera- 
tion of these enactments was indirect; they had been passed and 
were executed, under the general plea of regulating trade and com- 
merce; a mode of procedure which gave to such enactments the 
least objectionable appearance or form. Yet even these enact- 
ment's were strongly opposed by the colonists, not merely on ac- 
count of their effect upon provincial interests in a commercial 
sense, but also as a violation of constitutional rights. The " navi- 
gation laws," were expressly resisted. Massachusetts declared 
that she apprehended them to be an invasion of the rights, 
liberties, and properties of his Majesty's subjects in the colony, 
they not being represented in Parliament, and as a saving of the 
rights of the province, a law was passed by the Assembly requir- 
! ic acts in question to be observed. It is still probable that 
had the authority of Parliament been confined to a general regu- 
lation of trade and commerce, the colonies would have finally 
acquiesced, and submitted, But this was not done; more direct 
methods were now to be attempted. In addition to a monopoly 
of the proceeds of American industry in the course of trade, the 
British government resolved upon drawing a revenue from the 
provinces by internal taxation. It has been seen, that just previ- 



- Story, vol. 1, p. 111. 
3 It was by no means an uncommon opinion in some of the colonics, that no 
act of Parliament could bind them without their own consent. 



364 OPINIONS RELATING TO THE RIGHTS OF THE COLONIES. 

ous to the commencement of the war, a plan had been formed by 
the Ministry for laying- a tax on the colonies by act of Parlia- 
ment. But the opposition then made, prevented the projectors 
from pressing the scheme, at a time when full co-operation and 
union were of so much importance. And the spirit that was mani- 
fested by the colonists, even during the continuance of the contest, 
gave but little encouragement for the renewal of such a design. 
The provincial governments indeed, in most instances, met, and 
sometimes exceeded, the requisitions that were made, yet the 
amount to be given, as well as the particular appropriations, were 
carefully directed by the Assemblies, and sometimes their own 
discretion was followed, in opposition to special demands. The 
Assembly of New Jersey refused to accede to the demands of 
Lord Loudoun, and declared that they could not think themselves 
••divested of a right of judging of the expediency and possibility 
of complying with any demands made upon the colony." 4 But 
at the conclusion of the war with France and Spain, there was 
supposed to be both an opportunity and a necessity, for an exten- 
sion of Parliamentary power. The war, it was said, had been of 
American origin ; that in its prosecution the mother country had 
become deeply involved in debt; and hence that demands upon 
the colonists might justly be made. It was apparently forgotten 
that the colonists had constantly contributed according to their 
ability, and that their exertions had tended to preserve an union, 
which, if important to themselves, was not less important to the 
parent State. The caution necessary in applying a scheme which 
even in a less naked and questionable shape had met with much 



4 Lord Loudoun demanded " in the King's name, that one thousand men 
should be furnished. But the Assembly resolved upon raising but five hundred 
at the time, and said that an additional number could not be supplied "in the 
present posture of affairs." A communication was afterwards received in which 
it was said that the Minister (Pitt,) expected as large a body of men as they 
ware able to raise. An act was soon afterwards passed for completing the regi- 
ment to one thousand effective men; but the House declared that "the exacting 
obedience to any determinate proposal, from a people willing and desirous to do 
their utmost in a cause that so intimately concerns them, would in our opinion 
not answer the design, and would essentially vary from thai constitutional 
method which has heretofore, lor so many generations, honorably distinguished 
the English name. Votes, vol. 3- 



PASSAGE OF THE STAMP ACT. 365 

opposition, was also apparently forgotten, or wholly overlooked. 
But interest, if it sharpens the vision of men to their particular 
advantages, seems sometimes to obscure perception in regard to 
the rights of others; such was the case at this time with the States- 
men of England. Even Pitt, at first, seemed lacking in discern- 
ment. In 1760, before the conclusion of the war, he wrote to 
Fauquier, the Governor of Virginia, that though they had made 
grants to the colonies, yet when the war was over they should 
tax them in order to raise a revenue from them. Fauquier pru- 
dently replied, that such an attempt might give rise to much dis- 
satisfaction. 5 Upon further reflection, Pitt became sensible of the 
impolicy, as well as the injustice of the measure proposed. But 
others had less acuteness, or were less scrupulous than Pitt. 

In 1764, Grenville, the Prime Minister, communicated to the seve- 
ral colonial agents, his intentions of drawing a revenue from the 
colonies, and that with this view he should, at the ensuing session 
of Parliament, propose a duty on stamps. But he was willing that 
they should consider the subject, and inform him whether any 
other duty equally productive could be substituted. 6 But as no 
proposals which die Minister deemed satisfactory, were made, the 
contemplated measure was brought forward. The act passed 
both Houses of Parliament, and on the 22d of March, 1765, it 



5 Griffith's Historical Notes, p. 15. 
6 Some of the agents made immediate objection to the scheme, and when 
communicated to the colonies, it there met with strenuous opposition. In May, 
17C4, the people of Boston declared that such a tax "would annihilate our 
charter rights to govern and tax ourselves; it strikes at our British privileges 
which as we have never forfeited, we hold in common with our fellow subjects, 
who are natives of England. If taxes are laid upon us in any shape, without 
our having a legal representation where they are laid, we are reduced from the 
character of free subjects to the state of slaves." Similar language was used in 
several of the other colonies. In February, 1765, several of the colonial agents 
in England waited on the Minister to remonstrate against the stamp bill, and to 
propose that in case any tax must be laid upon America, the several colonies 
might be permitted to lay it themselves. The Minister was assured that the 
colonists would readily grant such aid to Ike Crown as they were able to give, 
whenever called for in a constitutional manner. But Grenville persisted in his 
plans, and said that he had pledged himself to offer the stamp bill to the 
House. Pitkin's United States, Griffiths Historical Notes. 



300 OPPOSITION TO THE STAMP ACT. 

received the Royal assent. 7 In the debate on this bill, the Ministry 
publicly declared that it was intended to establish the power of 
Greed Britain to tax the colonies. 

Upon the passage, of the act, the colonial agents were informed 
that it was not the intention of the Ministers to send stamp officers 
from England, but to appoint respectable persons from among the 
inhabitants, and the agents were requested to nominate such. 
William Coxe, Esq., was appointed for New Jersey. 8 The 
operation of the act was to commence on the 1st of November. 
Probably from an apprehension that some opposition might be 
made, a supplement to the annual mutiny bill was passed almost 
at the same time, authorizing the quartering of troops in the colo- 
nies, and directing the Assemblies to make provision for them, in 
a manner entirely unusual. 

The character and tendency of these measures were cleaidy 
perceived, and they were met by the colonists with a boldness 
and unanimity which would seem to have proceeded from a deep 
and general conviction in relation to their rights, and a strong 
determination to maintain them. The Assembly of Virginia was 
the first that met, after the news of the passage of the stamp act 
was received, and was the first to give a public declaration of 
opinion. A number of resolutions offered by Patrick Henry were 
passed by 'that body, in which the rights of the colonists were 
stated in the strongest manner. They asserted, that the General 
Assembly oi" that colony had the sole right and power to lay taxes 
upon the inhabitants, and that every attempt to vest such power 
elsewhere than in the Assembly aforesaid, tended to the destruc- 
tion of British as well as American freedom. 9 Very soon after- 
wards, before the action that had been taken in Virginia was 
known, the subject was taken up in the House of Representatives 
in Massachusetts, and a resolution was passed by that body de- 
claring it to be expedient that a Congress composed of Commis- 

1 The bill passed the House by a vote of 250 to 50, and the House of Lords 
with great unanimity. 

8 Dr. Franklin nominated the agents for Pennsylvania and for New Jersey. 
Yet though in this particular he forwarded the measures of the Minister, lie 
still perceived and represented the true nature and tendency of the act. 
9 Sec these resolutions in Wirts' Life of Henry, p. 56. 



OPPOSITION TO THE STAMP ACT. 367 

sioners from all the colonics should be held at New York on the 
first Tuesday of October, 1765. This measure was recommended 
in order that they might consult " upon the present circumstances of 
the colonies, and the difficulties to which they are, and must be 
reduced in consequence of the late acts of Parliament." Three 
persons were immediately appointed to attend such Congress, and 
a circular was addressed to the other colonies urging a similar 
appointment. 

This circular was laid before the Assembly of New Jersey on 
the 20th of June, 1765. But Governor Franklin, who (as his 
father remarked at a subsequent period,) was "a thorough govern- 
ment man," !0 was willing to favor and forward the schemes of 
the Ministry, and his influence was therefore exerted against the 
present proposal. It must also be acknowledged, that it did not 
receive from the House the attention that its importance required. 
The Assembly was then on the point of adjournment, and a hasty 
and somewhat ambiguous expression of opinion was made, and 
the Speaker was directed to transmit the answer to the Massa- 
chusetts Assembly. This answer implied, that the Assembly 
declined a concurrence in the contemplated movement. But sub- 
sequent reflection, or intercourse with their constituents, brought 
the members to a different conclusion, and it was then thought ex- 
pedient to attempt a correction of their former proceedings. 11 A 

10 Franklin's Letters. 
" These proceedings, with the subsequent measures connected with them, 
gave rise to a correspondence of some asperity between the Governor and the 
House. The Governor said, that according to their own expressions, they bad 
taken the proposal from Massachusetts into "deliberate consideration," and had 
" unanimously resolved against connecting on that occasion." The House 
declared (July 27th, 1766,) that they acknowledged the letter from Massachu- 
setts, but that it was on the last day of the session, some members gone, and 
others uneasy to be gone ; that the Speaker agreed to send, nay, urged that 
members should be sent to the intended Congress, but that he changed bis 
mind upon some advice that was given him; that this sudden change of opinion 
displeased many of the House, who seeing the matter dropped, were indifferent 
about it. But they said that the letter of the House was not such as the Go- 
vernor represented it, and that if the strong expressions mentioned, were used, 
an alteration must have been made, and they intimated that his Excellency had 
been instrumental in making it. Votes, vol, 3. Gordon's History, p. 138. 



368 OPPOSITION TO THE STAMP ACT. 

circular was therefore addressed to the members, by the Speaker, 
and a Convention was held at Amboy, when it was resolved that 
delegates should be appointed to the Congress of New York; 
accordingly, Joseph Ogden, the Speaker of the Assembly, Hen- 
drick Fisher, and Joseph Borden, were appointed. This meeting 
and the proceedings thereat, were denounced by Governor Franklin 
as being " unprecedented, irregular and unconstitutional. 12 The 
meeting of Commissioners at New York was held at the ap- 
pointed time, (Tuesday, October, 1765.) There were represen- 
tatives from most of the colonies. 13 This was the first Convention 
of the colonies for the purpose of considering their rights and 
privileges, and obtaining redress for a violation of them. They 
put forth a full and free declaration, and agreed upon petitions and 
representations to the King and to Parliament. 14 Some difference 
of opinion occurred in relation to the question, whether the peti- 
tions agreed upon should be transmitted by the Convention, or by 
the several provincial Assemblies. Messrs. Ruggles, of Massa- 
chusetts, the Chairman of the Convention, and Ogden, of New 
Jersey, advocated the latter mode, and refused to sign with the 
other members of the Convention. 

12 This meeting is worthy of notice. It was not strictly a meeting of the 
Assembly, but a Convention of the members, and was the first of a series of 
movements made without the sanction of the Governor. The measure was ap- 
proved and defended by the Assembly at their subsequent meeting; it was said 
that the members present at the time, came together, persuaded that his Excel- 
lency had declined calling the House, (the Governor, however, asserted that he 
had not been applied to,) that though a majority of the Assembly were present 
they did not meet in any legislative capacity, but to prevent disorder, and pre- 
serve the peace of the government, and that few would think with his Excel- 
lency, that it was a violation of the principles of the constitution. 

13 There were delegates bom Massachusetts, Rhode Island, Connecticut, New 
York, New Jersey, Pennsylvania, Delaware, Man land, and South Carolina. 
New Hampshire, Georgia, Virginia, and North Carolina, were not represented, 
but the two former gave assurances of their willingness to unite in petitions to 
the King and Parliament. The Assemblies of the two latter had not been in 
session since a pioposition for a Convention had been made, and the Governors 
refused to call special sessions for the purpose, and the independent course pur- 
sued in New Jersey, was not attempted. 

" The proceedings of this meeting were of high importance; they are given 
at length in Pitkins' History, pp. 130,136. Story's Commentaries, vol. l,p. 175. 



OPPOSITION TO THE STAMP ACT. 3GU 

The Assembly of New Jersey was convened on the 27th or" 
November, by the Governor, at the request of the Speaker, Ogdon, 
and some of the members of the House. The course that had 
been pursued by Ogden in refusing to join in the final proceedings 
of the Convention at New York, was much disapproved in the 
province, and in consequence he resigned his seat in the Assembly, 
and a new Speaker. Cortland Skinner, was chosen. A report of 
the proceedings of the meeting at New York was laid before the 
Assembly by the other delegates, and was unanimously approved. 
A series of resolutions were also adopted reiterating the views oi 
the Convention, and the House declared that as the late act of 
Parliament (the stamp act,) was found to be utterly subversive of 
privileges inherent in, and originally secured by grants and con- 
cessions from the Crown of Great Britain to the people of the 
colony, they considered it a duty to themselves, their constituents; 
and posterity, to leave a record of their resolves upon their journal.' 5 



« Resolved, 1. That his Majesty's subjects, inhabitants of this province, are 
inviolably attached to his Royal person and government; and have ever shown, 
and we doubt not ever will, their utmost readiness and alacritj for acceding t<> 
the constitutional requisitions of the Crown, as they have been from time lo 
time made to this colony. ''2. That his Majesty's liege subjects in this colony 
are entitled to all the inberenl rights and liberties of his natural born subjects 
within the kingdom of Great Britain. 3. That it is inseperably essential to the 
freedom of the people, and the undoubted right of Englishmen, that no taxes be 
imposed on them but with their own consent, given personally or by their Re- 
presentatives. 4. That the people of this colony are not, and from their remote 
situation, cannot be represented in the Parliament of Great Britain; and if the 
principle of taxing the colonies without their consent, should be adopted, the 
people here would be subjected to the taxationof two legislatures; a grievance 
unprecedented, and not to bethought of wit!', jreatest anxiety. ">. Thai 

theonlj representatives of the people of this c< ij ar< persons chosen by.them- 
selves; and that no taxes ever have been, or can '■ e imposed on them, agreeable 
to the constitution of this province, granted and confirmed by his Majesty's 
most gracious predecessors, but by their own .0. Thai all supplies 

being free gifts, for the people of Great Britain to grant to his Majesty the 
perty of the people of litis colony, without their consent, and being represented, 
would be unreasonable, and render legislation in tins colony useless, in the 
most essential point. 7. That the profits of trade arising from this colony, cen- 
tering in Great Britain, eventually contributes to the supplies granted there to 
the Crown. 8. That the giving unlimited power to any subject or subjects, to 



370 OPPOSITION TO THE STAMP ACT. 

Immediately afterwards the House was prorogued by the Gover- 
nor, and his Excellency took this opportunity to express his dis- 
satisfaction with the late transactions, and his surprise] at the 
present proceedings of the House, especially their approval of the 
meeting at Amboy.- 

The opposition to the stamp act was so general and decided 
thoughout the colonies, that before the time for its operation arrived 
(November 17th,) neither stamps orslamp officers were to be found. 
In New Jersey, beside the acts that have been noticed, the sense 
of the people was otherwise expressed.. In September, Coxe, the 
stamp officer for the province, voluntarily resigned, and subse- 
quently published a copy of his resignation and declared that he 
had appointed no deputy, and would never act under the law. In 
different places throughout the province the people in public 
declarations, Or by other means, manifested their opposition to an 
observance of the act. 16 After the time had arrived for the opera- 
impose what taxes the)' please in the colonics, under the mode of regulating the 
juices of stampt vellum, parchment, and paper, appears to be unconstitutional, 
contrary to the rights of the subjects, and apparently dangerous in its character. 
9. That any incumbrance, which in effect restrains the liberty of the press in 
America, is an infringement upon the subject's liberty. 10. That the extension 
of the powers of the Court of Admiralty, within this province, beyond its ancient 
limits, is a violent innovation of the right of trial by jury, a right which this 
House, upon the principles of their British ancestors, hold most dear and in- 
valuable. 11. That as the tranquility of this colony hath been interrupted 
through fear of the dreadful consequences of the stamp act, that therefore the 
officers of the government, who go on in their offices for the peace and good of 
the province in the accustomed manner, while things are in their present un- 
settled condition, will, in the opinion of this House, be entitled to the counte- 
nance of the legislature; and it is recommended to pur constituents, to use v. hat 
endeavours lie in their power, to preserve the peace, quiet, order, harmony, arid 
good order of the government, that no heats, disorders, or animosities, may in 
the least obstruct the united endeavours that are now strongly engaged for the 
repealing of the act above mentioned, and other acts affecting the trade of the 
colonics. Votes, vol. 3. Gordmi's Neio Jersey, p. .140. 

,c The freemen of the county of Essex made strong declarations, asserting that 

the act was unconstitutional, and that they would in no wise give it countenance 

or support. The inhabitants of Salem learning that John Hatton, a resident 

. was desirous to be employed in the distribution of stamps, obliged" him to 

relinquish the. design.- These measures of resistance were urged and supported 



REPEAL OF THE STAMP A€T. 371 

tion of the law, as the use of all but stamp paper was forbidden 
in formal transactions, a period of much confusion occurred ; the 
courts were closed, and business was almost suspended.- But this 
period was of short duration; the colonists resolved to brave the 
consequences. In February, 1766, a meeting of the members of 
the bar, in New Jersey, was held at New Brunswick, to consider 
the propriety of continuing their practice, and they determined to 
resume it on the ensuing April, without any regard to the act. 
The public offices were soon afterward re-opened. 17 

It was fortunate that whilst these transactions were taking place 
in America, a train of circumstances unconnected with colonial 
affairs, led to a change of the Ministry in England. The Grcn- 
villc party were displaced, and were succeeded by an administra- 
tion Avith different views. The Parliament was opened by a 
speech from the Throne, in which his Majesty declared that he 
had "firm confidence in their wisdom and zeal, which he trusted 
would guide them to such sound and prudent resolutions as might 
tend to preserve the constitutional rights of the British Legislature 
in the colonies, and restore them to that harmony and tranquility 
which had been interrupted by disorders of the most dangerous 
nature." The new Ministers were disposed to measures of relief, 
but their action was accelerated (though perhaps its direction was 
somewhat changed,) by the subsequent debate. Pitt came forward 
upon the motion for the address, and condemned in the most posi- 
tive terms, the act for collecting stamp duties, and declared that 
Parliament had no right to tax the colonics. lie yet asserted, 
that "the authority of the British government is supreme in every 
circumstance of government and legislation whatever," main 



by on association of persons who styled themselves "Sons of Liberty," and 
whose special object was, to prevent any attempt to carry the stamp act into exe- 
cution. This association had originated in Connecticut and New York, and 
bound themselves, among other things, to march to any part of the continent, 
at their own expense, to support the British constitution in America, by which, 
it was understood, and stated, that an opposition to the stamp net was meant. The 
association finally extended into other colonies; they were in active operation 
in Now Jersey. 

"Gordon, p. 138. 



372 REPEAL OF THE STAMP ACT. 

ing the proposition, that taxation is no part of the governing power, 
but that taxes were a voluntary gift and grant of the people. He 
recommended that the stamp act should be repealed, absolutely, 
totally and immediately. These views were strongly opposed 
by the late Ministers, especially by Grenville who manifested the 
greatest hostility to American interests and claims, and urged the 
execution of the stamp act at every hazard. He said that the dis- 
turbances in America were growing to tumults and riots, and if 
the doctrine he had heard that day, should be confirmed, he feared 
that instead of riot, there would soon be revolution. He contended 
that taxation was a part of the sovereign power, and that it might 
be, and had been exercised over those who were not represented. 
The administration, with their supporters, resolved upon an inter- 
mediate course. The stamp act was totally repealed, but the repeal 
was attended by a "declaratory act," in which the power and right 
of Great Britain to bind the colonies in all cases whatever, was as- 
serted. 18 The repeal and the declaratory act passed the House 
together on the 5th of March, 1766, and were sent to the House 
of Lords. In the latter House, the repeal was strenuously opposed. 
But the measure was strongly supported by Lord Camden. He 
denied the right of Parliament to tax the colonists because unre- 
presented. "Taxation ■si-ntation," he said, "were in- 
superably connected, no British Parliament can separate them; to 
endeavour to do it is to stab our vitals." The two bills passed 



13 Although the debates of the House in relation to the stamp act seemed to 
touch most upon constitutional questions, yet other considerations had scarcely 
less weight. The merchants and manufacturers exerted themselves in favor of 
repeal. The non-importation agreements which had been entered into by the 
colonists, and the confusion that existed, were found extremely prejudicial to the 
commercial interests of the country. The condition, disposition, and feelings 
of the colonists, were also considered. Persons were examined before the House, 
touching these particulars; Franklin underwent a long examination, and he 
declared to the House, that the Americans never luould pay the .stamp duties, 
however modified, and that the Assemblies would not acknowledge the right of 
Parliament to tax them, or rescind their resolutions upon that point "unless 
compelled by force of arms." The petition from the American Congress was 
rejected, because the meeting had not been called under authority from the 
Crown, yet this and other petitions on the subject, had their influence. 



REPEAL OF THE STAMP ACT. 373 

the House of Lords on the 18th of March, and on the following 
day received the Royal assent. 19 

The news of the repeal of the stamp act was received in America 
with the highest satisfaction. The relief from an immediate evil 
was deemed of so much importance, that but little attention was 
paid to the principles and claims that were advanced in the decla- 
ratory act; indeed that act was considered as being designed rather 
to save the honor or pride of Great Britain, than to point out the 
course to be afterwards pursued. 

The Legislature of New Jersey was convened by the Governor 
on the 11th of June, 1766. His Excellency said that he had de- 
ferred the meeting until lie was enabled to communicate the deter- 
mination of his Majesty, and of Parliament, respecting the stamp 
act, and he congratulated the House upon the repeal. He ex- 
pressed his satisfaction that no act of outrage or violence had been 
committed in the province, and spoke of the "tenderness, lenity, 
and consideration, the wisdom, justice, and equity which his 
Majesty and the Parliament have manifested on this signal occa- 
sion." An address was afterwards prepared by the Assembly, to 
the King, in which they expressed their gratitude to his Majesty, 
his Ministry, and Parliament, for the relief that was experienced 
by the removal of the burden of an "impolitic law.-" 



19 The King himself was opposed to the repeal, as were all his particular 
favorites, and confidants. The Lords of the Bedchamber, and most of the 
Bishops, as is said, urged that America should rather be desolated with fire and 
.sword, than pacified by concession. Griffith's Historical Notes, p. 26. 



CHAPTER XIX. 

IMPOSITION OF NEW TAXES.— OPPOSITION TO THE NEW TAXES.— 

THE TEA DUTY.— THE TEA DUTY RESISTED. CONGRESS OF THE 

COLONIES. PROCEEDINGS OF CONGRESS APPROVED IN NEW 

JERSEY.— COERCIVE MEASURES OF ENGLAND. 

The joy of the colonists on account of the repeal of the "im- 
politic law," was not long continued. Measures soon followed 
that were calculated to dampen satisfaction, and revive distrust. 
A circular was received in the colonies from Secretary Conway, 
in which he announced, that the King and Parliament were dis- 
posed to forgive and forget the marks of an undutiful disposition 
that had lately been shown, but at the same time required, that full 
and ample compensation should be made to those who had suf- 
fered from their deference to the act of the British legislature. This 
order, though it might bear the semblance of justice, was yet 
founded upon an assumption of the rightfulness of the act which 
the people had resisted. This, together with other circumstances, 
caused it to be but tardily and reluctantly complied with. Yet as 
this was finally done, no important difficulty arose from this 
source. 1 More serious dissatisfaction was created by the execu- 
tion of the act for quartering soldiers in the colonies. This act 
required, that the troops should be furnished with quarters, fire, 
bedding, candles, small beer, rum, &c, at the expense of the colo- 

1 The compensation required was for injuries done to the property of persons 
connected with the distribution of stamps. In Boston and New York, especially 
the former, opposition had been carried to violence, and the houses of some of 
the officers demolished. The order for compensation was rendered more dis- 
pleasing in Massachusetts, by the arrogant and positive manner of Governor 
Bernard in demanding compliance therewith. The compensation was finally 
made, but was connected with the addition of a free pardon to all offenders. 
In this form the act v\ as but little acceptable, and was rejected by his Majesty, 
but the comiHMisation was afterwards furnished to the sufferers. 



IMPOSITION OF NEW TAXES. 875 

nies, and thus in effect a direct and unusual tax, was imposed. In 
Massachusetts the requisition was partially complied with. In 
New York the Governor applied to the Assembly to make the 
required provision for the troops that had lately arrived under 
General Gage, but the House replied, that according to their con- 
struction of the act, it required, that all the forces that should at 
any time enter the colony should be quartered during the whole 
year in a very unusual manner, and that by marching several 
regiments into the colony, the expense would be ruinous,- and that 
they could not, consistant with their duty to their constituents, put 
it into the power of any one (whatever might be their confidence 
in his prudence or integrity,) to impose such a burden. The re- 
quisition was laid before the Assembly of New Jersey in June, 
1766, and the House directed that provision should be made 
according to the former laws of the colony. The subject was 
frequently urged by the Governor, who insisted upon full compli- 
ance ; but the unusual requisitions for the accommodation and 
supply of the officers and troops, were said by the House to be a 
matter of "surprise and concern," and they informed the Gover- 
nor that they looked upon the act for quartering soldiers in 
America to be virtually as much an act for laying taxes, as the 
stamp act. 2 

But occurrences of a character still more unfavorable to har- 
mony soon took place. In July, 1766, the administration of the 
Marquis of Rockingham terminated, and was succeeded by one 
composed of men of various political principles and parties. 
Charles Townsend, a man whose qualities were far more brilliant 
than solid, became Chancellor of the exchequer, and he presently 
ventured a boast that he was able to devise a plan for taxing the 
colonists. Grenville, the former Minister, actuated by dislike to 
the colonists, or by a desire to retrieve in some manner his former 
defeat, was constantly urging the adoption of plans for this purpose, 
and at length abruptly charged upon the Ministry, that they were 
deterred by fear from making the attempt. Townsend, yielding 
to an excitement but little suited to the place or the occasion, 
hastily declared: "I dare tax America," and directly proceeded 

3 Votes. Franklin's letter to Shelbume. 



376 OPPOSITION TO THE NEW TAXES. 

to vindicate his courage, at the expense it may be of his judg- 
ment, and certainly at the cost of the best interests of the country. 
Unhappily, a change had occurred in Parliament that enabled the 
Minister to carry out Ms designs; a sense of justice had given 
way to a feeling of pride, and a desire to reduce the colonists 
again to subjection, began to prevail. Under these circumstances, 
the Minister submitted a bill to the House for imposing duties on 
glass, paper, paste-board, white and red lead, painter's colours, and 
tea, payable on the importation of these articles into the colonies. 
The preamble declared that it was expedient to raise a revenue in 
America, and to make more certain and adequate provisions for 
defraying the charge of the administration of justice in the pro- 
vinces. 3 This bill passed both Houses of Parliament with scarcely 
any opposition, and became a law in June, 1767. Very soon 
afterwards, the conduct of the Assemblies of Massachusetts and 
New York was brought into notice; the refusal of the latter to 
comply with the requisitions for supplying the troops, gave par- 
ticular offence, and an act was passed restraining the Legislature 
of that province from passing any act whatever, until the late 
requisitions were complied with. Nearly at the same time, an 
enactment Avas made authorizing the King to put the customs and 
other duties in America, and the execution of the laws relating to 
trade there, under the management of Commissioners, to be ap- 
pointed for that purpose, and to reside in the colonies. 

These three acts were received in America almost at the same 
time. The passage of such laws within one year after the strug- 
gle against the stamp act, excited amazement and indignation 
throughout the colonies. The act for laying duties on glass and 
other articles, if somewhat different in form, as it imposed charges 
to be paid upon imports, was yet in its principle and objects the 
same as the stamp act. It was still a plan for taxing the people 
without their consent. The entire suspension of legislation in a 

3 A provision in the bill empowered the Crown to establish ;i general civil 
list throughout every colony in Noith America to any extent, with salaries, 
pensions, or appointments to the whole amount. of the new du ies. This was 
the attainment of the object that had been sought by every .Minister since the 
reign of Charles II, the establishment of a civil list independent of the Assem- 
blies. It was a great advance toward the destruction of liberty. 



OPPOSITION TO THE NEW TAXES. 377 

colony, was a still further exercise of arbitrary power. Parlia- 
ment not only assumed the functions which could only be right- 
fully performed by the provincial Assemblies, but threatened in 
effect, to destroy the Assemblies themselves. If government could 
be wholly suspended at the pleasure of Parliament, the colonists 
were slaves indeed. But the same te ;jer and spirit that had 
formerly been manifested, were yet in existence in the provinces ; 
and if resistance to the measures that were now in progress was 
not so suddenly exhibited as on a former occasion, a feeling per- 
haps still deeper, was gradually awakened. The people began to 
inquire with closer scrutiny concerning their rights. Able political 
essays were published, in which the real nature and tendency of 
the measures of Parliament were clearly set forth, and the people 
were exhorted to firmness and vigilence. 4 Determination in- 
creased with the light that was elicited by discussion and inquiry. 
In December, 1767, the Assembly of Massachusetts convened, 
and early in the session entered upon a consideration, of the recent 
enactments of Parliament. The Assembly plainly perceived that 
the former attempt was renewed, and they at once resolved to 
oppose it. They advanced anew their claim to all the rights 
enjoyed by other subjects, and declared, that the late acts of Parlia- 
ment, as well as those formerly passed, were as much revenue acts 
as the land tax, customs, and excises in England. In reference to 
the restraints upon the Legislature of New York, they said, that 
the extension of such restrictions would be a short and easy 
way of destroying all Legislative authority in America. In 
February, 1768, they adopted a resolution for addressing a circu- 
lar letter to the other colonies concerning the difficulties that must 
accrue by the operation of the several acts imposing duties and 
customs on the colonies. This circular was laid before the As- 
sembly of New Jersey, by the Speaker, on the 15th of April, 
1768, and on the following day it was referred to a committee to 

* Among the most able of these papers were the "Letters of a Pennsylvania 
Farmer," written by John Dickinson. They obtained a great circulation and 
wide popularity. Dickinson warned his countrymen not to be deluded by the 
moderation of the new duties; declared that there was no solid distinction be- 
tween the present and the former mode of taxation ; and urged to a resort to the 
same measures of resistance that had formerly prevailed. 
4H 



37H OPPOSITION TO THE NEW TAXES. 

prepare and bring in an answer. A suitable reply was accordingly 

prepared, and was transmitted to the Massachusetts Assembly. 
Soon afterwards the House resolved that a dutiful and loyal ad- 
dress should be presented to his Majesty, humbly beseeching him 
to consider tlxe distressed condition of the colonies On the 7th 
of May the address was agreed to. 3 

6 The address set forth that "before that happy period in which the empire 
of the British dominions was, by the favor of Divine Providence, for the felicity 
of those dominions, and of Europe in general, established in your illustrious 
House; our ancestors, with the consent of the Crown, removed from their native 
land, then abounding in all blessings, but that perfect security cf liberty, and 
that merciful spirit of administration which render your royal family so justly 
dear to your remotest subjects ; and ventured with their helpless relatives through 
a vast oceiin, and trusted themselves with their tender companions to the un- 
known wilderness of the New W&rld, the horrors of which no consideration 
could render tolerable but the prospect of enjoying here that complete freedom 
which Britons never thought could be purchased at too dear a price. The sub- 
jects thus emigrating, brought with them, as inherent in their persons, all the 
rights and liberties of natural born subjects within the parent state; in conse- 
quence of these, a government was formed under which they have been con- 
stantly exercised and enjoyed by the inhabitants, and repeatedly and solemnly 
recognized and confirmed by your royal predecessors and the legislature of 
Great Britain. One of these rights and liberties vested in the people of this 
colony, is the privilege of being exempt from any taxation but such as is im- 
posed on them by themselves, or by their Representatives; and this they esteem 
so invaluable, that they are fully persuaded, no other can exist without it. Your 
Majesty's signal distinction is, that you reign over freemen, and your peculiar 
glory, that you reign in such a manner, that your subjects, the disposers of their 
own property, are ready and willing whenever your service calls upon them, 
with their lives and fortunes, to assist your cause. Your people of this colony, 
who share in the blessings flowing from your wisdom and virtue, most gratefully 
sensible of their obligations to so excellent a Prince, hope they have never been 
deficient in duly acknowledging them; whenever it has been necessary that 
supplies should be levied within this colony, requisition by your Majesty, or by 
your roval predecessors, conformable to the rights and liberties of this, your 
people, have been made, and readily complied with. We beseech your Majesty 
to do them the justice to believe that they can never fail on any future occasion 
to demonstrate their devotion. With such sentiments, your people observe" 
with the greatest anxiety and concern that duties have been lately imposed on 
them by Parliament, for the sole and express purpose of raising a revenue. This 
is u taxation upon them from which they conceive they ought to be protected 
by the acknowledged principles of the constitution, that freemen cannot be taxed 



OPPOSITION TO THE NEW TAXES. 



379 



The circular of Massachusetts to the other colonies, created 
alarm in the British Cabinet; it was supposed to be preparatory 
to another Congress, and concert of action among the provinces 
was dreaded. As a means of prevention, Lord Hillsborough, the 
Secretary of State for the colonies, addressed a letter to the Gover- 
nor of Massachusetts, directing him to require the Assembly, in 
his Majesty's name, to rescind the resolution in relation to the 
circular, and to declare their disapprobation of "that rash and 
hasty proceeding." A letter was also directed to the Governors 
of the several colonies, to be laid before the respective Assemblies, 
in which the conduct of Massachusetts in sending the circular, 
was declared to be "dangerous and factious" in its tendency; and 
directions were given to the Governors to use their influence to 
prevent the Assemblies from taking any notice of the circular, that 
thereby it might be treated "with the contempt it deserved." It 
is not certain that the warning or direction of the Secretary was 
made known to the Assembly of New Jersey before action was 
taken in the case, but if so, no effect whatever was produced. 
No greater impression was made in the other colonies. 6 But the 
Assemblies were generally dissolved upon their refusal to comply 
with the Secretary's wishes. 

In the mean time, the new Board of Commissioners of Customs 
established by the King, had entered upon the duties of their 
office at Boston. They soon manifested an intention to enforce 
the laws relating to trade, in the strictest manner. In May, 1768, 
the sloop Liberty, belonging to John Hancock, arrived at Boston 
laden with wines from Madeira. In landing the cargo, the 
mode of procedure which had .hitherto prevailed, was pursued, 

hut by themselves, or by their Representatives, and that they are represented in 
Parliament, they not only cannot allow, but are convinced that from their local 
circumstances they never can be." Votes, vol. 4. Gordon, p. 140. 

6 The Assembly of Massachusetts decided by a vote of ninety-two to seven- 
teen, that they would not rescind the resolutions of the former House. The 
Assembly of New York resolved that they had an undoubted right to correspond 
and consult with any of the neighboring colonies, or with any others of his 
Majesty's subjects out of the colonies, on any matter or thing whereby they 
might conceive their rights or liberties to be affected. Still stronger declarations 
were made by the Assembly of Maryland. 



380 OPPOSITION TO THE NEW TAXES. 

but the Commissioners declared that a false entry had been made, 
and an order was given that the sloop should be seized. Whether 
the allegation of the officers was supposed to be unfounded or not, 
the resort to force was considered an outrage, and was forcibly 
met. Scenes of violence and tumult ensued, in which the pro- 
hibitions or requisitions of law were but little regarded by any. 
The measures of coercion which the officers of the Crown had 
been the first to adopt, were afterwards further pursued, or pre- 
pared for; two regiments of troops were quartered in the town, 
for the purpose, as was said, of "giving assistance to the Magis- 
trates in the preservation of peace, and the officers of customs in 
the execution of the laws of trade. As might have been expected, 
increased irritation and excitement was produced. 

Whilst these events were passing in America, each session of 
Parliament was opened with information from the King, that a 
disposition prevailed in the colonies to refuse obedience to the 
laws, and to resist the authority of the supreme legislature of the 
realm. In answer to these representations, joint resolutions of 
both Houses were adopted in February, 1769, condemning the 
acts of the Americans, and an address was agreed upon approving 
the conduct of the Crown, and giving assurances of support for 
enforcing the laws within the province of Massachusetts. A re- 
quest was also made to the King, that he would bring to punish- 
ment the authors of the late disorders, and that he would direct 
the Governor of Massachusetts Bay, to take the most effectual 
means for obtaining the fullest information concerning all treasons 
and misprisions of treason committed within his government since 
the year 1767, with the names of the persons who had been active 
in promoting them ; that prosecutions might be instituted against 
them "within this realm, pursuant to the provisions of the Statute 
of the 35th, of Henry VIII." The King, in reply, assured Par- 
liament of his determination to give orders for bringing the authors 
of the disorders in Massachusetts to "condign punishment." 7 

Though these proceedings were directed especially against Mas- 
sachusetts, yet all the colonies considered themselves affected 
thereby. The threat to transport the colonists to England for trial 



Pitkin's History. Griffith's Notes. Prior Documents. 



OPPOSITION TO THE NEW TAXES. 381 

excited strong indignation. The Assembly of New Jersey, (in 
accordance with the previous action of the House of Burgesses in 
Virginia,) passed a resolution, that all trials for treasons or mis- 
prisions of treason, or any felony or crime whatever, committed 
by any person residing in the colony, ought to be in, and before, 
his Majesty's courts in the colony; and that the seizing any per- 
son residing in the colony suspected of any crime committed there, 
and sending such person to places beyond the seas to be tried, is 
highly derogatory of the rights of British subjects ; as thereby the 
inestimable privilege of a trial by a jury of the vicinage, as well 
as the liberty of producing witnesses in such trial, will be taken 
away. 8 

Notwithstanding the strong resolutions of Parliament already 
noticed, an attempt was made in the winter of 1769, to obtain a 
repeal of the act imposing the new duties. But the proposal was 
resisted at the time ; it being represented that it was an improper 
season to yield to the demands of the colonists ; it would be time 
enough, it was said, w-hen they had shown a disposition to submit. 
Lord North declared, that though prudence or policy might here- 
after induce Parliament to repeal the acts, he hoped it would not 
be thought of, until America was prostrate at their feet. Yet, in 
May, after the close of the session, Lord Hillsborough directed a 
circular to the Governors of the several colonies, in which he gave 
an assurance, "notwithstanding insinuations to the contrary," that 
the existing administration had at no time . entertained a design to 
lay farther taxes in America for the purpose of raising a revenue, 
and that it was their intention to propose, at the next session of 
Parliament, to take off the duties on glass, paper, and colours, 
upon consideration that these duties had been laid contrary to the 
true principles of commerce. But beside the uncertainty as to the 
final fulfilment of these declarations, they were not such, as to 
their ground, or their scope, as could give satisfaction. 9 Hence 
the colonists continued their efforts to maintain their claims. Be- 
side renewed declarations, non-importation agreements were gene- 
resolution, passed December 6th, 1769. 

9 The Secretary proposed but a partial repeal, and that upon the ground of 
commercial policy. No security would thus have been given in regard to the 
rights of the colonists, and trade would still have been shackled. 



'182 opposition to the new taxes. 

rally continued, or new ones formed, by the merchants and traders 
of the principal cities. New Jersey, from her limited trade, was 
unable to give decisive support to measures of this description 
by direct co-operation ; but her cordial approval was expressed. 
In October, 1769, the General Assembly resolved, by an unani- 
mous vote, " that the thanks of the House be given to the merchants 
and traders of this colony, and of the colonies of New York and 
Pennsylvania, for their disinterested and public spirited conduct 
in withholding their importations of British merchandize until 
certain acts of Parliament laying restrictions on American com- 
merce for the express purpose of raising a revenue in America, 
be repealed." Meetings of the people were also held, where 
similar views were expressed, and the violations of the non-im- 
portation agreements, which had occurred at different places, were 
severely condemned. 10 

Parliament again met on the 9th of January, 1770, and soon 
afterwards Lord North was appointed to the place of First Lord 
of the Treasury. America was not yet "prostrate," on the con- 
trary, universal and determined opposition to the measures of 
Parliament was still maintained. Notwithstanding, on the 5th of 
March, 1770, a bill was introduced by Lord North himself, for 
the removal of the duties imposed by the act of 1767, on all the 
articles excepting tea. The amount of revenue derived from the 
duties had been as nothing compared with the injury done by the 
interruption of harmony and intercourse. The trading interests 
of England had been materially affected fjy the non-importation 
agreements of the colonists. The Ministry were willing to remove 

10 At Newport and Albany importations were continued for a time, except of 
dutiable articles, but upon urgent representations from other places, especially 
from Boston, the general system was acceded to. But in New York the exclu- 
sive system was not generally observed ; articles not dutiable were imported, 
notwithstanding the agreements previously formed. These delinquencies were 
strongly censured in New Jersey. At a meeting of the freeholders, merchants, 
and traders of the county of Essex, it was resolved, that they would not them- 
selves, or by others, receive, purchase, sell, or otherwise use any articles imported 
from Great Britain, contrary to the agreement, and that they would not trade 
nor have any commercial intercourse with persons who should import goods, or 
cause them to be imported, or with any person who should purchase goods so 
imported. Pitkin. Gordon, p. 147. 



OPPOSITION TO THE NEW TAXES. 383 

the obstructions to trade, but wished to uphold the supremacy of 
Parliament, and the measures of Lord North were taken accord- 
ingly. The bill repealing the revenue act, reserving only the 
duty on tea, was passed on the 12th of April, 1770. 

This compromising course was by no means calculated to satisfy 
the colonists. They had not objected to the number of articles 
subjected to duty, or the amount obtained; it Was the principle to 
which they were opposed, and this principle was retained. Hence, 
the partial repeal of the acts was not received in the manner the 
Ministry probably expected. The colonists considered the reten- 
tion of the duty on tea as being designed to establish a " precedent 
against them." 11 In regard to the article reserved, the non-im- 
portation agreements were rigidly observed, and a feeling of merely 
mitigated distrust was generally prevalent. Nor was this without 
reason; beside the "precedent against them," other enactments 
continued in force which bore heavily on the interests, or were 
irritating to the feelings of the colonists. The "sugar act," which 
hail been in operation prior to the passage of the stamp act, was 
yet in existence. The act establishing a Board of Commissioner^ 
of the revenue, the mutiny act for quartering soldiers in the colo- 
nies, and that for suspending legislation in New York, were yet 
unrepealed, as was also the declaratory act which asserted the 
supremacy of Parliament in all cases whatever. New causes of 
uneasiness were soon superadded. The continuance of the soldiery 
in Boston was a source of constant irritation, and quarrels between 
the troops and the citizens were of frequent occurrence. At length 
an actual collision occurred, and the people were fired on by a 
party of soldiers, and several persons were killed. This event 
was felt throughout the whole of the colonies. Massachusetts, 
already deeply stung by this occurrence, was soon afterwards ag- 
gravated still farther. Disputes had occurred between the Gover- 
nor and the Assembly in relation to the tax bill for the support of 
government, and as neither party would yield, no tax bill was 
passed. In 1772, information was received that provision had 
been made by the Crown for supporting the Governor, indepen- 
dent of the Assembly. No measure since the passage of the stamp 

11 Virginia Resolves. 



384 OPPOSITION TO THE NEW TAXES. 

act excited more general dissatisfaction than this, and it was 
solemnly protested against as tending to fasten upon the province 
a despotic administration of government. Yet it was afterwards 
extended by granting independent salaries to the Judges of the 
Superior Court. 

The disturbed state of feeling in consequence of these occur- 
rences, led to frequent meetings of the people, and at a meeting 
held in Boston, in November, 1772, a committee of twenty-one 
persons was appointed to state the rights of the colonies in general, 
and of their own province in particular, and the committee were 
authorized to publish the statement to the several towns of the 
province, "and to the world." A strong and full statement was 
accordingly made. In March, 1773, the Assembly of Virginia, 
(it may be with the knowledge and in support of the proceedings 
in Massachusetts,) passed a series of resolutions concerning the 
measures of Parliament, one of which provided for the appoint- 
ment of a committee of correspondence and inquiry, to obtain 
early and authentic intelligence of such acts and resolutions of 
Parliament as might relate to America, and to maintain a commu- 
nication with the sister colonies. This measure was met by cor- 
responding resolves in most of the colonies. On the 8th of Feb- 
ruary, 1774, the Assembly of New Jersey resolved that "a com- 
mittee of correspondence and inquiry be appointed to obtain the 
most early and authentic intelligence of all acts and resolutions of 
the British Parliament, or the proceedings of administration, that 
may have any relation to, or may effect the liberties and privileges 
of his Majesty's subjects in the British colonies in America, and 
to keep up and maintain a correspondence with our sister colonies 
respecting these important considerations; and that they occasion- 
ally lay their proceedings before the House." 12 It was also agreed 
that the resolution of the House should be transmitted to the As- 
semblies of the several colonies, and that thanks should be returned 
to the Assembly of Virginia for their early attention to the liberties 
of America. 



'- The committee appointed were James Kinsey, Stephen Crane, Hendrick 
Fisher, Samuel Tucker, John Wetherill, Robert Friend Price, John Hinchman, 
John Mehelm, and Edward Taylor. Votes, vol. 3, p. 122. Gordon, p. 154. 



THE TEA DITTY. 385 

Before these measures for gaining information and securing in- 
tercourse and concert among the colonies were completed, atten- 
tion was excited to a new proposal of the Ministry. They resolved 
upon a new attempt to draw a revenue from America by means 
of the reserved duty on tea. The determination of the colonists 
had nearly arrested the trade in this article ; the amount received 
was but small, and this was mostly introduced by smuggling, 
carried on by the French, Dutch, and others. In consequence, 
large quantities had accumulated in the ware-houses of the East 
India Company, for which no market could be found, and the 
affairs of the company were becoming embarrassed. 13 Under 
these circumstances, an expedient was resorted to, which, it was 
supposed, would be the means of sustaining the company, and at 
the same time of drawing a revenue from America. In May, 
1773, the Minister (Lord North,) brought forward a motion in the 
House of Commons to allow the East India Company to export 
such quantities of tea then remaining in their ware-houses, as they 
should think proper, to British America, duty free. Accordingly, 
in June, it was enacted that the whole of the duties payable on 
teas sold by the company, and exported to the colonies, should be 
drawn back, in other words, that there should be no export duty 
paid on the teas sent there. As the export duty had been 12rf 
per pound, and the import duty in America 3d per pound, the 
article could thus be furnished at a reduction of 9d per pound in 
the colonies. It was supposed that this would reconcile the traders 
and people to the payment of the duty. But the character and 
views of the colonists were wholly misunderstood, it was not 
the amount to be drawn, that was considered by them, but the 
manner in which it would be done. Whatever might be the actual 
cost of the article, no part could be paid as duty without a sur- 
render of principle; without an acknowledgement of the right of 
Parliament to impose the duty. But it was believed that interest 
would be stronger than principle, and under this idea the company 
immediately shipped large quantities of tea to different ports in 
America, consigned to particular friends, or the friends of the 



13 Sevcutcen millions of pounds were sniu to be remaining in the houses of 
the company. 
40 



886 the' tea duty resisted. 

government. But the result was far different from the expectation. 
The Americans seemed to rise up against the attempt, as by one 
impulse. Opposition was even made to the landing of the tea; 
it was perceived that if once landed, the duty would be paid by 
the consignees, and it might then be difficult to prevent its sale 
and consumption. In Philadelphia, notice was given in advance 
of the expected arrival of the tea ship, and measures were taken 
by which the landing of the cargo was effectually prevented. 11 
In other cities a similar spirit was shewn. In Charleston the tea 
was landed but was stored and could not be sold, and was finally 
lost; in New York none was allowed to be sold. In Boston, the 
landing was opposed, and on the 18th of December, the tea was 
taken from the ship, and the whole amounting to three hundred 
and forty-two chests, was emptied into the sea. In New Jersey no 
occasion for a particular demonstration of feeling occurred at the 
time ; but, as will presently be seen, a similar spirit prevailed. 

The Parliament of England met in January, 1774, and not long 
afterwards information was received of the transactions that had 
occurred in America. On. the 7th of March, the Premier delivered 
a message from his Majesty to the House of Commons, inform- 
ing them, that the most unwarrantable practices had been carried 
on in America, particularly at the town and port of Boston, the 
whole of which proceedings he thought proper to lay before Par- 
liament, confiding in their zeal for the maintenance of his Majesty's 
authority, and that they would adopt the necessary measures to 
put art immediate stop to these alarming disorders. The House, 
in reply, expressed their readiness to comply with the purport of 
bis Majesty's message, and accordingly, on the 14th of March, a 
bill was introduced to prohibit all commercial intercourse with 
the town or port of Boston, after the 1st of June following. This 
bill soon passed both Houses and became a law. Another was 
prepared "to regulate the administration of justice in the Massa- 
chusetts Bay;" and on the 20th of May this also was passed. By 
the former of these, the "port bill," the commerce of Boston was 
destroyed, and by the latter, the people of the province were 

11 For a circumstantial account of the proceedings in Philadelphia, see Hazard's 
Register, vol- 3, p. 370. 



THE TEA DUTY RESISTED. 



887 



deprived of some of the most important of their charter privileges 
and rights. The appointment of nearly all the officers belonging 
to the whole civil establishment was given to the Governor, subject 
to removal by his Majesty; and besides the organic changes in the 
government, the primary action of the people in their common 
town meetings, was closely restricted. '*. These restraints were di- 
rectly opposed, not only to the charter rights of the colonists, but 
also to the common privileges of the subject, and hence were strong- 
ly opposed by Barre, Burke and others of the House of Commons, 
and by several noblemen in the House of Lords. 18 But the bill 
was passed by decided majorities, and General Gage was appointed 
Governor to" carry out the acts. The Ministry no doubt sup- 
posed that these decisive measures would lead to immediate sub- 
mission, but this was far from being the case. Almost as soon 
as the port bill was received, a meeting of the citizens of Boston 
was held to consider the same, and it was then resolved, that "the 
impolicy, injustice, inhumanity, and cruelty of the act exceed all 
their power of expression," and therefore they said " we leave it 
to the censure of others, and appeal to God and the World." 17 
But they declared their opinion, that if the other colonies would 
agree to stop all importations from, and exportation to Great 
Britain, and the West Indies, until the act was repealed, it might 
prove the salvation of the colonies. These resolutions with the 
act itself were soon circulated throughout the colonies, and as 
the opposition to the tea scheme had been general, all were ready 
to make common cause with the principal sufferer. This dispo- 
sition was manifested not only in expressions of sympathy, but 
also by almost unanimous declarations in favor of a meeting of 
the colonies. 



"Town meetings were declared illegal, unless held by the special assent of 
the Governor, given in writing, expressing the special object of the meeting, 
except the annual meetings for the choice of certain officers, and at these meet- 
ings no other matter should be treated of except the election of such officers, 
and nothing at any other meeting, except the business expressed in the leave given 
by the Governor. 

» It was during this discussion that Burke delivered his celebrated speech on 
American taxation. Set Chapman's Speeches, p. 29. 
"Pitkin, vol. 1, p. 170. 



38B CONGRESS &S THE COLONIES. 

The first of June, the day upon- which the "port bill" was to 
go into operation, was observed in many places, in accordance 
with a recommendation from Virginia, as. a day of mourning. 
On that day the committee of correspondence that had been 
appointed in New Jersey by the House of Assembly, replied to 
the communication that had been received from Massachusetts ; 
they expressed their sympathy with the people of Boston, and 
condemned in strong terms the course of the Ministry. Soon after- 
wards public meetings were called in different places thoughoutthe 
province. The first of these took place on the 6th of Jane, at 
Lower Freehold. 18 On the 11th of the same month a meeting of 
the citizens was held at Newark, in the county of Essex, by 
which a circular was directed to be sent to the other counties of 
the province. 19 In this circular the late oppressive measures of 
Parliament in relation to the colony of Massachusetts were 
noticed, and it was set forth that as the neighboring colonies were 
preparing for a general meeting, and as the Assembly was not 
likely to be in session in time to answer the end proposed, it was 
proper and important that meetings should be held in the 
counties to appoint committees to meet together and take mea- 
sures for acting with the other colonies. New Brunswick was pro- 
posed as a proper place for the meeting of the committees, 
and the 21st of July next ensuing as the time. Similar move- 
ments preparatory to a General Congress were taken in nearly all 
the colonies, and it was proposed that the Congress should meet 
at Philadelphia, on the 1st of the succeeding September. The 
mode of choosing delegates to the Congress differed in the 
several colonies ; in some, they were chosen by the Assembly, in 
some they were appointed by the committees of correspondence, 
acting by authority from the Assembly, and in others they were 
chosen by committees, which committees had been elected direct- 
ly by the people. The latter mode was pursued in New Jersey 
though it was probably adopted at the time rather from necessity 
than preference ; the Governor, though earnestly requested, 
refused to convene the Assembly, and hence the object could only 



" Proceedings of New Jersey Historical Society, vol. 1, no. 4. 
1 See this circular in proceedings of N. J. Historical Society, vol. 1, p. 186. 



CONGRESS OB THE COLONIES. 389 

be reached by the immediate action of the people themselves. 
In compliance with the recommendations in the circular from 
Essex, the people assembled at their respective county towns 
and appointed committees to meet at New Brunswick for the 
purpose of choosing delegates to the General Congress. The 
county committees thus chosen met at the appointed place on 
the 21st of July, 1774. Seventy-two persons wore in attendance. 
Stephen Crane was chosen Chairman, and Jonathan D. Sergeant, 
Clerk. Resolutions were passed expressing the sense of the 
meeting, in reference to the proceedings of Parliament, and a 
general committee of correspondence was appointed. 20 James 
Kinsey, William Livingston, John De Hart, Stephen Crane, and 
Richard Smith, were chosen to represent the colony in the General 
Congress, and suitable credentials were given them. 21 

On the 5th of September, 1774, the General Congress met at 
Philadelphia. Delegates were present from eleven of the colonies, 
and on the 14th those from North Carolina appeared. 22 Peyton 
Randolph, one of the delegates from Virginia, was chosen Presi- 
dent, and Charles Thomson, a citizen of Philadelphia, was ap- 
pointed Secretary. Rules for directing the preceedirigs were at 
once adopted. A body was thus organized, acting directly by 



20 This committee consisted of William Peartree Smith, John Chelwood, 
Isaac Ogden, Joseph Borden, Robert Field, Isaac Pierson, Isaac Smith, Samuel 
Tucker, Abraham Hunt, and'Hendrick Fisher. Gordon, p. 157. 

21 " To James Kinseif, .William Livingston, John Dc Hart, Stephen Crane, and 
Richard Smith, Esqrs., each and every of you. 

"The committees appointed by the several counties of the colony of New 
Jersey, to nominate deputies to represent the same in General Congress of 
deputies from the other colonies in America, convened at New Brunswick, have 
nominated and appointed you, and do hereby nominate and appoint you, and 
each of you, deputies to represent the colony of New Jersey in the said General 
Congress. In testimony whereof, the chairmen of the said several committees 
here met, have hereunto set their hands this 23d of July, in the 14th year of 
the reign of our Sovereign Lord King George the Third, and in the year of our 
Lord 1774. Signed, William P. Smith, Jacob Ford, Johri Moores, Robert 
Johnson, Robert Field, Robert Friend Price, Peter Zabriskie, Samuel Tucker, 
Edward Taylor, Hendrick Fisher, Archibald Stewart, Thomas Anderson, Abia 
Brown, Mark Thompson." Griffith's Notes, p. 103. 

*- Georgia was not represented.. 



390 congress or the colonies. 

the consent, and on behalf, of the people of the colonies. The 
Congress adopted a general declaration of rights, agreeing mainly 
with that of the Congress of 1765. The several acts of Par- 
liament which were considered oppressive, were recited, to which 
it was said "America cannot submit." They agreed upon peti- 
tions to the people of England, to the King, and to the neighboring 
English colonies, and these addresses were marked by a high de- 
gree of wisdom and force. They adopted and signed, on behalf of 
themselves and their constituents, certain articles of association 
Containing an agreement of non-importation, non-exportation and 
non-consumption. They agreed to resolutions of sympathy with 
the people of Boston, and approval of the fortitude that had been 
shewn in their resistance to the threatening measures of Parlia- 
ment, and declared, that if attempts should be made to carry the 
same into execution by force, all America ought to join in the 
opposition. They further recommended that contributions should 
be made for the relief of the people of Boston whilst its com- 
merce was suspended, and resolved that another Congress 
should be held at the same place on the 10th of May succeeding, 
unless redress should first be obtained. After a session of fifly- 
one days the Congress dissolved. 23 Their proceedings were 
such as to command attention, and inspire respect. Lord Chatham 
declared that though he had studied and admired the free states 
of antiquity, yet " for solidity of reasoning, force of sagacity, and 
wisdom of conclusion, no body of men could stand in preference 
to this Congress." 

The recommendations of Congress in regard to contributions 
in aid of the people of Boston were complied with, or perhaps 
were partly anticipated in New Jersey. Assistance was sent 
them from different parts of the country. 24 The " sympathy" 



23 Story's Commentaries, Griffith's Notes, Pitkin's History. In the two latter 
the proceedings are given in detail. 

24 The people of Monmouth sent their "present" and wrote to their brethren 
of Boston "not to give up, and if they should want a further supply of bread, to 
let them know." The people of Elizabethtown (July 28th, 1774,) addressed 
the committee of correspondence in Boston. They said "the arbitrary and cruel 
oppression under which your metropolis now labours from the suspension of 
commerce, must inevitably reduce multitudes to inexpressible difficulties and 



PROCEEDINGS OE CONGRESS APPROVED IN NEW JERSEY. 391 

between the people of Boston and those of New Jersey was also 
shewn in a different mode. The temper exhibited by the former 
in destroying the tea, seems to have been emulated by the 
latter. On the 16th of November a vessel with a cargo of tea 
(probably a portion that had been withdrawn from other places) 
was sent into the Cohanscy and landed at Greenwich. The 
scene at Boston was here re-enacted, though in a manner some- 
what different; the whole quantity of tea was seized, earned to 
an open place, and there burnt to ashes « 

Early in January, 1775, the General Assembly convened, lne 
proceedings that had taken place in the province had met with 
no support or approval from Governor Franklin. On the con- 
trary, he had done all in his power to impede them. As already 
noticed, he had refused to summon the Assembly at a former 
period according to the request and petition of the people In his 
Excellency's address to the House he declared, that he felt him- 
self hound in duty to notice the late alarming transactions in this 
'and the neighboring provinces, and to endeavor to prevent the 
mischief that might ensue. -He condemned especially . the inde- 
pendent course of action that had been pursued in the measures 
leading to the appointment of delegates to the Congress, and m 
the proceedings of that body. « It is not for me," he said, " to 
decide the particular merits of the dispute between Great Britain 
and the colonies, nor do I mean to censure those who conceive 
themselves aggrieved, for aiming at redress. All I would wish 
to guard you against is the giving countenance to that destructive 
mode of proceeding which had been adopted, in part by some of 
the people of this colony, and, carried so far in others as totally 
to subvert their former constitution." "You cannot," he said, 
» without a manifest breach of your trust, suffer any body of men 
in this or the other provinces, to usurp and exercise any of the 
powers vested in you by the constitution. It behooves you to 

distress " They requested to be advised in what way they could most acceptably 

. contribute to their necessities, whether by money or articles of prcms , or any 

other necessaries, and that such remittances should be made , 

answer was received. In Salem, the sum of £147 was sent by "the committee 

for the distressed and suffering poor of Boston." 

" Johnson's Salem, p. 123. 



392 PROCEEDINGS OF CONGRESS APPROVED IN NEW JERSEY. 

he extremely cautious in consenting to any act whereby you may 
engage the people as parties, and involve them in difficulties far 
greater than those they aim to avoid. Nor is there the least ne- 
cessity, and therefore not the least excuse, for running such risks. 
If you are disposed to represent to the King any inconveniences 
you may think to exist, I can assure you that such representa- 
tions will be properly attended to, and certainly will have a 
greater weight coming from each colony in their separate capa- 
city, than through a channel the legality of which there may be 
reason to doubt." The Governor was evidently desirous to pre- 
vent a confirmation by the Assembly, of the acts of the General 
Congress. But his endeavors were fruitless. A few days after- 
wards, (January 24th,) the delegates to Congress made their 
report to the House, laying the whole proceedings before them. 
The report, with the proceedings, were unanimously approved, 
only that such as were Quakers excepted to those parts which 
wore the appearance, or might have a tendency to force, as being 
inconsistent with their religious principles. The Assembly also 
resolved that the same persons should be the representatives of 
the colony in the -future Congress, and report their proceedings 
at the next meeting of the House. The representatives were 
instructed to agree to every reasonable and constitutional measure 
for the removal of the differences between the mother country 
and her colonies. They were also directed not to agree to any 
measure intended to give some of the colonies greater weight in 
voting, than the others, except with the condition that a vote so 
taken should not be binding upon any colony without the assent 
of its delegates.- 6 

Besides these acts of the Assembly they replied to the Gov- 
ernor's address. They mentioned, that if, in accordance with 
the petitions that had been offered to his Excellency, an earlier 
opportunity for the transaction of the business of the province 
had been given, some of the "alarming transactions" which were 
said to have occurred, might possibly have been prevented. 
They said that no arguments were necessary to induce them to 



28 In the Congress, each colony had boon allowed one vote, but attempts had 
been made to give a greater number to the larger States. 






COERCIVt: MEASURES OF ENGLAND. 

guard the interests and welfare of the people ; that the interests 
of their constituents were inseperable from their own, and that 
they should assent to no measures destructive to their welfare ; 
that they professed to be loyal subjects of the King, from whose 
goodness they hoped to be relieved from their present unhappy 
situation, and that they neither intended to usurp the rights of 
others, or allow any vested in them, to be taken out of their 
hands. They hoped that the differences between Great Britain 
and her colonies would be removed, on principles consistent with 
the rights and interests of both, and hence, although they could 
not perceive that the separate petition of one colony, would be 
likely to effect more than the united application of all, they still 
would pursue the mode which his Excellency had mentioned, 
hoping that the act would meet with the notice he had promised. 
The dispositions of the House were sufficiently manifested, and 
were fully perceived by the Governor. "It is now," he said, 
« in vain to argue, as you have with most uncommon and unne- 
cessary precipitation given your entire assent to that destructive 
mode of proceeding, I so earnestly warned you against. Whe- 
ther, after such a resolution, the petition you mention can be 
expected to produce any good effect, or whether you have con- 
sulted the true interests of the people, I leave others to deter- 
mine."-' 7 The legislature made their petition, but, as was the 
case with others, it was spurned from the throne. 

The British Parliament met on the 29th of November, 1774. 
The King informed them that most daring resistance to the laws 
continued to be made in Massachusetts, and that the proceedings 
there had been countenanced in other colonies, and that unwar- 
rantable attempts had been made to obstruct the commerce of the 
kingdom by unlawful combinations. His Majesty expressed his 
reliance upon their aid to maintain the authority of Parliament 
throughout all the dominions subject to the Crown. The ansv er 
of the (luminous entirely concurred with the views of the Kino. 
But the purposes of the Ministry, if formed at the Lime, were not 
fully explained. The First Lord of the Treasury merely an- 
nounced, that after the usual recess for the holidays he would 



\ otes of February 3d, 1775. Gordon, \>. 158. 
50 



394 COERCIVE MEASURES OF ENGLAND. 

bring the papers relating to America to the notice of the House. 28 
Upon the assembling of Parliament, on the 20th of January, Lord 
Dartmouth, the Secretary for the Colonies, produced in the House 
of Lords, the papers from America. A motion was immediately 
made by the Earl of Chatham, for an address to his Majes- 
ty, to remove the forces from the town of Boston. He urged 
the necessity of this step as preparatory to the settlement 
of the dangerous troubles in America. The Americans, he said, 
would never be in a temper or state to be reconciled, they ought 
not, until the troops were withdrawn. " The door of reconcilia- 
tion," he said, " should be opened immediately : it will soon be 
too late. Whoever has counselled the King to the present 
measures ought to answer for it at his utmost peril, and if his 
Majesty shall continue to listen to such counsels he will be 
undone ; he may wear his crown, but the American jewel out 
of it, it will not be worth the wearing. The Americans say, 
that we have no right to tax them without their consent, and they 
say truly ; representation and taxation must go together, they are 
inseperable. The Americans he said do not hold the language 
of slaves, they speak out; they do not ask a repeal of our laws as 
a favor, they claim it as a right ; they demand it, they say they 
will not submit to them, and I tell you the acts must be repealed ; 
you cannot enforce them." But the motion of Lord Chatham, 
though urged by him with such eloquence as has seldom been 
heard, and though supported by Lords Camden, Shelburne, and 
others, who were among the wisest and ablest statesmen of the 
realm, was yet rejected by a large majority. 29 

Almost at the opening of business in the Commons, numerous 

28 Notwithstanding the apparent hesitation of the Ministry, there is reason to 
believe that forcible measures had then been resolved on, in case the colonies 
persisted in their course. Lord North declared to Mr. Quincy (who was then 
in England as Special Agent from Massachusetts,) that "we must try what we 
can do to support our authority. If we are defective in power, we must sit down 
contented and make the best terms wo can, and nobody can blame us after we 
have done our utmost." In a letter to Keed, of Philadelphia, dated December 
17lh, Quincy declared, "I look to my countrymen with the feelings of one who 
verily believes that they must yet seal their faith and constancy to their liberties 
with blood." 

-" There were but 18 Loids for the motion, and 77 against it. 



qqg 

COERCIVE MEASURES OF ENGLAND. 

petitions were presented relating to American affairs. The prin- 
cipal trading and manufacturing towns in England, presented 
addresses, showing the injurious effects of the disputes with 
America upon the commercial interests of the country. A motion 
was made to refer these petitions to the committee on American 
papers, but an amendment was moved on the Ministerial side, 
that they should be referred to a separate committee, to meet on 
the twenty-seventh, the fay following that appointed for the consi- 
deration of American papers. This amendment was carried by a 
decided vote, and thus all the petitions were virtually rejected, 
being given to the body which was called by Burke, " the commit- 
tee of oblivion." The petition from the American Congress to 
the King which his Majesty had referred to the House, was 
directly rejected. All measures tending toward an accommoda- 
tion being thus disposed of, the Minister proceeded to unfold lus 
plan by moving a joint address to the King on American affairs. 
This address declared that Massachusetts was in a state of rebellion, 
and that this colony had been supported by unlawful combina- 
tions and engagements entered into by other colonies, to the 
great injury and oppression of his Majesty's subjects in Great 
Britain. It assured his Majesty of their determination never to 
relinquish the sovereign authority of the King and Parliament 
over the colonies, and requested him to take the most effectual 
means to enforce their obedience, and promising that Parliament 
would support him at the hazard of their lives and property. 
The motion was carried in the Commons by a large majority. 
In the House of Lords very animated debates occurred, but the 
motion for concurrence was finally carried by a very decisive 
vote.™ By the adoption of this address it has been said, and truly, 

.The Lords Richmond, Craven, Archer, Abergaveny, Rockingham Wy- 
combe, Courtenay, Tcrrington, Posonby, Chalmondely, Abingdon, Rutland 
Camden, Effingham, Stanhope, Scarborough, Fitswilham and Tankerv, le, 
protested against the address "as founded on no proper Parhamentary informa- 
tion being introduced by refusing to suffer the presentation of peUUons agan.st 
it (though it be the undoubted right of the subject to present the same; as fol- 
ding the rejection of every mode of conciliation ; as holding out no substantial 
offer of redress of grievances ; and as promising support to those Master, who 
had inflamed America, and grossly misconducted the affairs ci Great Bntain. 



390 COERCIVE MEASURES OF ENGLAND. 

that Parliament "passed the Rubicon." The answer from the 
Throne gave assurances, that the most speedy measures should 
be taken for enforcing obedience to the laws and authority of 
Parliament. A message was also sent to the Commons inform- 
ing them that an augmentation of the forces would be required. 
Soon afterwards additional measures were proposed by the Min- 
ister. On the 10th of February he moved for leave to bring in a 
bill to restrain the trade of the colonies of Massachusetts, Con- 
necticut, New Hampshire-, and Rhode Island, to Great Britain, 
Ireland, and the British West India Islands, and prohibiting these 
colonies from fishing on the banks of Newfoundland. In support 
of this measure it was said, that as the Americans had refused to 
trade with the mother country, they ought not to be permitted to 
trade with any other, and it was subsequently proposed that the 
restrictions should be extended to all the colonies, excepting New 
York, North Carolina, and Georgia. These exceptions were 
probably made with the view of producing disunion among the 
colonics. But if such was the design, it signally failed. 31 During 
the pendency of this proposal in Parliament, Lord North surprised 
his political friends, as well as opponents, by coming forward 
with a "conciliatory plan" which he offered on the 20th of Feb- 
ruary to the House of Commons. This project was represented 
by him as an "infallible touch stone" to try the Americans; he 
said that if their opposition to the measures of Parliament was 
really founded on the principles advanced, they must agree to the 
present proposal, and that its rejection would be proof that their 

31 The particular reasons for the selection of these colonies as objects of favor 
are not entirely clear. But the tardy appearances of the deputies from North 
Carolina, in Congress, and the entire lack of any representation from Georgia, 
may have possibly been considered. In the case of New York, the former re- 
fusal of the traders of her principal city to adhere to the non-importation agree- 
ments, could hardly have been forgotten. Beside this, New York refused, in 
regard to certain particulars, to accede to the recommendations of Congress. If 
this refusal which was made in January, was known to the Minister at the time 
of making his proposal, (March 12,) it was probably the principal ground of the 
exception in favor of this colony. But New York eventually concurred in the 
measures of Congress, and none of the excepted colonies were at all disposed 
to avail themselves of the proffered advantages; on the contrary, they rather 
regarded the olfer as an injury. 



COERCIVE MEASURES OF ENGLAND. 397 

purposes were not such as had been openly avowed. To this 
plan no party at first was favorably disposed, but upon further 
reflection or explanation, the friends of the Minister agreed to its 
support. 32 It was finally adopted by a laroe mojority. Other concili- 
atory proposals which were offered, were rejected ; the "restrain- 
ing bills" were passed, and the determination of the colonists 
between the pacific proposal of the Minister, and the threatened 
coercive measures, was awaited. But it was thought important 
that means should be used for the prevention of union and concert 
of action in the colonies. Early in January a circular had been 
directed by Lord Dartmouth to the Governors of the several colo- 
nies, in which his Majesty's pleasure was signified, that every 
endeavour should be used to prevent the appointment of deputies 
to the Congress which was proposed to be held on the 10th of 
May. It was supposed or hoped that a defection of some of the 
colonies would take place. But this was not the case. In New 
Jersey the Assembly had been in advance of the Minister; dele- 
gates were appointed before the circular was received, 33 and similar 



32 The conciliatory plan provided "that when any colony should propose to 
make provision according to its condition and circumstances, for contributing its 
proportion for the common defence, to be raised under the authority of the 
General Court, or Assembly of such colony, and disposable by Parliament, and 
shall engage to make provision also for the support of civil government, and the 
administration of justice in such province or colony; it will be proper, if such 
proposal shall be approved by his Majesty in Parliament, and for so long as 
such provision shall be made accordingly, to forbear in respect to such colony 
to levy any duty, tax, or assessment, except only such duties as it may be ex- 
pedient to levy or impose, for the regulation of commerce; the nett proceedings 
of the duties last mentioned, to be carried to the account of such colony respec- 
tively." The speciousness of this plan led many to suppose that important 
concessions were to be offered to America, and hence the high prerogative party 
loudly condemned it, and thought themselves betrayed by the Minister. But 
this opposition was quieted by closer examination, and by the exj lanations that 
were made. It was represented by Lord North, or his confidants, that the plan 
would probably be rejected by most of the colonies, but would tend to disunite 
them; and the offer of such terms would also satisfy the people of England in 
regard to the course of the government. 

33 The circular was written on the tth of January, and on the 24th, as before 
stated, the former delegates were re-appointed. 






398 COERCIVE MEASURES OF ENGLAND. 

appointments were made formally in each of the colonies. The 
grievances which had been complained of were not redressed, and 
before the time for the meeting arrived, others had been added. 
England had attempted to assert her claims by other means 
than her declarations and laws. The sword had been drawn 
at Lexington, and war, one of the greatest of earthly calamities, 
was brought upon the country. Under these circumstances the 
second General Congress convened. 



CHAPTER XX. 



THE SECOND CONTINENTAL CONGRESS. THE PROVINCIAL CONGRESS 

OF NEW JERSEY. CONSTITUTION OF NEW JERSEY. 

The second General Congress convened on the 10th of May, 
1775. They immediately entered upon decided action. A reso- 
lution was passed prohibiting all exportations to the neighbouring 
British colonies, or the fisheries on the coast. Another followed, 
that the colonies should directly be put in a state of defence. This 
was considered necessary in consequence of the actual commence- 
ment of hostilities in Massachusetts. That province was also 
advised, to consider the offices of Governor and Lieutenant Go- 
vernor as vacant, and that a Council should be chosen by the 
Assembly to direct the government, until his Majesty should 
appoint a Governor to conduct affairs according to the charter. 
New York, where a body of troops was shortly expected, was 
advised to act on the defensive, so long as such a course could be 
safely maintained, but that they should not permit the erection of 
fortified works by the British, or the communication between town 
and country to be cut off. It Avas still resolved, that an humble 
and dutiful petition should be addressed to the King, asking that 
measures might be taken to accommodate the present unhappy 
disputes. The propriety of this step was much doubted by many, 
considering the direct rejection of previous petitions, but it was 
finally agreed to, as well as addresses to the people of England, 
of Ireland, and of the province of Quebec. In these, the attacks 
that had been made upon the colonies were repelled, their desire 
of peace upon just and constitutional grounds, was asserted, as well 
as their attachment to England, her laws, her people, and her 
King. But there was also a bold declaration of rights, and a 
strong vindication of former proceedings and designs. 

Their final appeal was now made, and Congress proceeded to 
perfect the measures for the defence of the country, by making 



400 SECOND CONTINENTAL CONGRESS. 

provision for raising and organizing an army. On the 15th of 
June, George Washington was appointed General-in-Chief of the 
armies raised, or to be raised, for the defence of American liberty. 
To defray the necessary expenses, it was resolved that the sum 
of three millions of dollars should be issued in bills of credit, 
which sum was to be apportioned for sinking, among the several 
colonies, in the proportion of inhabitants, but the faith of the 
"Twelve United Colonies" was to be pledged for its redemption. 1 
On the 15th of May, 1775, the Assembly of New Jersey was 
convened by the Governor, for the purpose of considering the 
conciliatory plan of Lord North, which had been sent by a circu- 
lar to the several colonies. It was recommended by the Governor 
in a long and elaborate address. He believed that the offers it 
contained were all that the colonists could justly demand or desire, 
and said that a happy opportunity was presented of getting rid of 
an unnatural contest, by only complying with an acknowledged 
duty. But the previous course of the Governor, had not been 
such as to favor his influence and argument. 2 Under no circum- 
stances, however, could these have prevailed with the House on 
the present occasion. It was perceived that the plan submitted 
to them, fell far short of the demands and rights of the people. 
In entering upon the subject, regret was expressed by the House, 
that as the Continental Congress was then sitting to consider the 
situation of affairs in America, the present meeting had not been 
deferred until the sense of that body should be known, as they 
supposed that no one would suspect them of an intention to aban- 

1 Georgia had not yet become associated, but her accession took place in July, 
and the "Thirteen" then became united. 

-Beside the general course of the Governor, the attention of the House was 
called at this time to statements purporting to come from his Excellency, in re- 
lation to the previous action of the House. A copy of the "Parliamentary 
Register" was produced, containing a letter from the Governor to Lord Dart- 
mouth, in which the former represented the Assembly as having been divided 
in their approbation of the proceedings of the late Congress. The Assembly 
requested to know; of the Governor whether the extract contained a true repre- 
sentation of the substance of the letter written by him. His Exci llencj com- 
plained of the course of the House in placing the extract on thcii minutes, and 
seeking to inculpate him, but denied the correctness of the extract. 

Votesi vol. J, p. l;"). Gordon, p. 162. 



SECOND CONTINENTAL CONGRESS. 401 

don the cause of their country. 3 But they said they had considered 
the proposal that had been offered, and though they wished to 
avoid a hasty conclusion, they could form no other opinion than 
that it was essentially the same that had heretofore been made ; 
that it did not appear to be materially different from that which 
was presented before the passage of the stamp act ; they said 
that America did not comply with it then, and that though they 
were sincerely disposed to use all proper means in order to be- 
come reconciled to his Majesty, and the Parliament of England, 
yet they could not comply with a proposition which they believed 
to be inconsistent with the privileges of freemen ; nor did they 
want any time to consider, whether they should submit to that 
which in their apprehension would reduce them to a state but 
little better than slavery. That they might, according to the pre- 
sent proposal be fully and effectually taxed by their fellow sub- 
jects of Great Britain, and that perhaps to a much greater degree 
than before ; as it seemed to require that they should raise such 
a proportion as Parliament should think proper, and it was im- 
possible to tell how far the people of the colony might be involved 
by assent to so undeterminate a provision. "Upon the whole," 
they said, "though sincerely desirous to give every mark of duty 
and attachment to the King, and to show all due deference to the 
Parliament, we cannot, consistent with our real sentiments, and 
the trust reposed in us, assent to a proposal big with consequences 
destructive to the public welfare ; and hope that the justice of our 
parent country will not permit us to be driven into a situation, the 
prospect of which fills us with anxiety and horror. We heartily 
pray that the supreme disposer of events, in whose hands arc the 
hearts of all men, may avert the calamities impending over us, and 
influence our Sovereign, his Ministry, and Parliament, so as to 
induce them to put a stop to the effusion of the blood of the colo- 
nists, who wish always to look upon their fellow subjects of Great 
Britain as their brethren." 



J The concil atory plan was afterwards brought forward in Congress, and 
was referred to Franklin, Jefferson, Adams, and Lee,- and on the report of this 
committee, on the 31st of July, Congress rejected the terms as unreasonable, 
insidious, and unsatisfactory. • 
51 



402 PROVINCIAL CONGRESS. 

The Governor replied, and declared that he had done his duty 
in the case, and soon afterwards prorouged the House. 

It has been stated that the convention of delegates which was 
held in New Brunswick in July, 1774, appointed a number of 
their members to serve as a general committee of correspondence. 
The latter body met at the same place on the 2d of May, 1775. 
Taking into consideration the alarming condition of public affairs, 
especially the commencementof hostilities in one of the colonies, the 
committee resolved that a second Convention would be necessary, 
and directed that a meeting should be called by the Chairman, on 
the 23d of May, to consider upon such matters as should be then 
brought to their notice. In accordance with the notice, delegates 
were again elected in the counties, and met at the time and place 
appointed. Eighty-seven representatives appeared, delegates be- 
ing present from all the counties. 4 The Provincial Congress (as 
this body was constantly styled,) proceeded, the day after their 
meeting, to effect an organization by the appointment of officers. 
Hendrick Fisher was chosen President, Jonathan D. Sergeant 
Secretary, and William Paterson and Frederick Frelinghuysen 
Assistant Secretaries. The business of the Congress was opened 
with a full acknowledgement of the importance and solemnity of 
the engagement; that it might effect the lives and properties, the 
religion and liberties of their constituents, and their posterity; and 
hence that it became them, as the representative body of a christian 
people, to look up to that All-Powerful Being by whom all human 
events were guided, and to implore his favor, and direction. 5 



* There were live from Bergen, thirteen from Essex, eleven from Middlesex, 
seven from Morris, eight from Somerset, four from Sussex, seven from Mon- 
mouth, fifteen from Hunterdon, five from Burlington, three from Gloucester, 
three from Cumberland, five from Salem, and one from Cape May. {Journal 
of Proceedings.] The meetings and proceedings of this body (as well as previ- 
ous meetings of a similar character,) are to be carefully noticed. The people 
had been driven by the refusal of the Governor to call the Assembly, to an in- 
dependent procedure, and this course of procedure was now continued, and thus 
the Provincial Congress came, in a great degree, to take the place of the Assem- 
bly, and the latter, as will be seen, was soon afterwards entirely suspended. 

! It was therefore ordered that during tho session the business of each day 
should be opened with prayer. 



PROVINCIAL CONGRESS. 403 

The Congress then determined that the existing contest with 
Great Britain was of snch a nature, and had arrived at such a 
crisis, that the present meeting had become absolutely necessary 
in order to provide ways and means for the security of the pro- 
vince ; though at the same time, they declared their veneration for 
the person and famdy of his Majesty George III. They declared 
their approval of the acts of the late Assembly of the province in 
appointing delegates to the General Congress, and expressed their 
thanks to the House for their regard and attention to the rights 
and liberties of the people. But they unanimously agreed that 
when a Continental Congress should again become necessary, it 
would be most proper that the delegates thereto, should be chosen 
by a Provincial Congress. 6 It was then resolved, that in the pro- 
ceedings of the Congress, each county should have one vote. At 
an early period, a written message was directed to the Continental 
Congress then sitting, expressing a willingness to co-operate in 
any undertakings or acts for the good of the country, and asking 
advice and assistance. The reply of the Congress imported, that 
the body was not prepared at the time, to give any specific directions, 
but that a correspondence would be willingly maintained, and that 
advice would be given, as occasion might arise. The previous 
resolution of the General Congress for withholding exportation 
for the supply of the British fisheries on the coast, was adopted. 
A communication was opened with Connecticut and New York; 
an individual, 7 a part of a committee appointed by the former State, 
being then in attendance, and a letter being received from the latter; 
assurances were given by the Congress that they would heartily 
concur with the other colonies in all such measures as were adopted 
for the defence of the rights of America. 

The final determination of America to maintain her position by 
forcible resistance was foreseen, and provided for. The Congress 
declared, that taking into consideration the cruel and arbitrary 
measures of the British Parliament and Ministry for the purpose 



6 The independent measures that had formerly been resorted to, were heie 
expressly approved, and a similar course of action was resolved upon for the 
future. 

1 Pierpont Edwards. 



104 l'ROVINCIAL CONGRESS. 

of subjugating the American colonics, and being apprehensive that 
all pacific measures lor the redress of grievances would prove in- 
effectual, they thought it necessary that the inhabitants of the 
province should forthwith be properly armed and disciplined, for 
defending the cause of American freedom. A plan for regulating 
the militia was therefore agreed to, and an ordinance was passed 
for raising the necessaiy funds. The sum of ten thousand pounds 
was to be raised, by a levy within the several counties, the appor- 
tionment and collection of which was to be made according to a 
rate and manner prescribed. 8 

A General Committee of Correspondence, consisting of fourteen 
persons, was then appointed, to whom power was given, or any 
three of them, acting in conjunction with the President or Vice 
President, to call a meeting of the Congress. After a session of 
eleven days, the Congress adjourned. 

Notwithstanding the decided measures that were adopted by 
the Continental Congress, and in the several colonies, for resisting 
the demands of Great Britain, a final separation from that country 

9 In order to engage the people generally in support of the measures agreed 
upon, a form of association was prepared. It provided, that the subscribers, 

freeholders and inhabitants of the township of , in the county of , and 

province of New Jersey, having long viewed with concern the avowed design 
of the Ministry of Great Britain to raise a revenue in America; being deeply 
affected with the cruel hostilities already commenced in Massachusetts Bay for 
carrying that design into execution ; convinced that the preservation of the rights 
and privileges of America depends under God, on the firm union of its inhabi- 
tants; do with hearts abhorring slavery, and ardently wishing for a reconcilia- 
tion with our parent State on constitutional principles, solomnly associate and 
resolve, under the sacred ties of virtue, honor, and love to our country, that we 
will personally, as far as our influence extends, endeavour to support and carry 
into execution whatever measures may be recommended by the Continental 
and our Provincial Congress, for defending our constitution and preserving the 
same inviolate. We do also associate and agree as far as shall be consistent 
with the measures adopted for the preservation of American freedom ; to sup- 
port the Magistrates and other civil officers in the execution of their duty agree- 
able to the laws of this colony; and to observe the directions of our committee, 
acting according to the resolutions of the aforesaid Continental and Provincial 
Congress ; firmly determined by all means in our power, to guard against those 
disorders and confusions to which the peculiar circumstances of the times may 
expose us. Journal, p. 12. 



PROVINCIAL CONGRESS, 405 

was not yet in view. The Americans were resolved to maintain 
their rights by every means at their command ; yet independence 
was not contemplated as their ultimate object. But their imme- 
diate purpose was promptly and vigorously pursued. Even during 
the silting of the General Congress, active military operations 
were commenced. Early in May, 1775, an enterprise was planned 
in Connecticut, to take the fort at Ticonderoga, and secure the 
military stores at that place, for the use of the colonies; and this 
plan was carried into execution under the direction of Colonels 
VHen and Arnold. Near the last of May, Generals Howe, Clinton, 
and Burgoyne arrived at Boston with new forces, to compel the 
submission of the colonists, but the battle of Bunker Hill, which 
took place on the 17th of June, gave evidence that "submission" 
was not to be easily enforced. 

The Provincial Congress of New Jersey again met on the 5th 
of August. Nearly the same number, and with a few exceptions, 
the same individuals were present as before. Regulations were 
now adopted to ensure the collection, and the proper employment 
of the funds which had been ordered to be raised, and also for the 
fuller organization and establishment of the military force. Fifty- 
four companies, consisting of sixty-four men each, were to be 
raised, and the proportionate number to be supplied by each of 
the counties was determined. Two Brigadier Generals were also 
appointed. 9 Penalties were prescribed in cases of refusal to enrol 
in the service, or to attend at the times and places of mustering; 
but it was resolved that "as there are a number of people within 
this province whose peculiar religious principles will not allow 
them in any case to bear arms, this Congress intend no violence 
to conscience, and therefore would earnestly recommend to all 
such persons to contribute the more liberally in these times of 
universal calamity, to the relief of their distressed brethren in the 
several colonies, and to all othet . ce's for their oppressed 
country, consistant with their religious profession. 10 

A most important measure of the Congress was that for seeur- 

9 One only, Phileman Dickerson, was appointed at fust, but soon afterwards 
William Livingston was named ns the otlior. 

10 This liberal provision was afterwards nearly annulled by more rigid regu- 
lations. 



106 PROVINCIAL CONGRESS. 

ing the continuance and action of the body. It was declared to 
be expedient, at a time when the province was likely to be involved 
in all the horrors of a civil war, and when a consequent necessity 
would exist to increase the burdens of the people by taxes, that 
the inhabitants should have frequent opportunities to renew their 
choice and approbation of their representatives. It was therefore 
resolved, that the inhabitants in each county qualified to vote for 
Representatives in the General Assembly, should meet (at places 
directed,) on the 21st of September next ensuing, and there elect 
by plurality of voices, any number of persons not exceeding five 
who were to be substantial freeholders, and who should be em- 
powered to represent the county in Provincial Congress, which 
Congress should convene on the 3d of the succeeding October. 
It Was also resolved, that during the continuance of the disputes 
between Great Britain and America, there should be a new choice 
of deputies yearly, in each county, on the third Thursday in 
September, and that at the same time the inhabitants as aforesaid, 
should elect a number of freeholders to constitute a county com- 
mittee of observation and correspondence, with full power as 
well to superintend the necessary business of the county, as to 
carry into execution the resolutions and orders of the Continental 
and Provincial Congress ; and also that similar action should be 
taken in each of the townships within the county. A Provincial 
Treasurer was then appointed, 11 and a Committee of Safety was 
chosen, to act as an executive body during the continuance of the 
recess of Congress. 12 The Congress then adjourned to the 20th 
of the ensuing September. The proceedings of the meeting in 
September have not been preserved, but the members elected in 
that month in accordance with previous resolutions, assembled 
on the 3d of October, pursuant to appointment. The number of 
members was reduced, agreeably to the regulations upon the 
subject already noticed. Samuel Tucker was chosen President, 
Hendrick Fisher, Vice President, and John Mehelm, upon general 

11 Jonathan D. Sergeant. 
12 The Committee of Safety were Hendrick Fisher, Samuel Tucker, Isaac 
Pearson, John Hart, Jonathan D. Sergeant, Azariah Dunham, Peter Schenck, 
Enos Kelsey, Joseph Borden, Frederick Frelinghuysen, and John Schureman. 

Journal, p. 24. 



PROVINCIAL CONGRESS. 107 

request, consented to act as Secretary, until another should be 
chosen. 13 This new body, like the former one, resolved, that its 
daily proceedings should be opened with an act of religious ser- 
vice ; that supplication should be made to Almighty God that he 
would be pleased, so to influence and direct the counsels of 
America and Great Britain, that peace, unanimity, and harmony 
might lie re-established between them, upon a permanent founda- 
tion. 

At this session the attention of Congress was principally 
directed to the regulation of military affairs, A communication 
was received from the Continental Congress, which was then in 
session, (having convened on the 5th of September,) which stated, 
that it had become absolutely necessary to raise several new 
battalions, and recommended that two should be raised in New 
Jersey, and blank commissions were forwarded for captains and 
subaltern officers. The recommendation was complied with, 
though some difficulty occurred in relation to one particular. 14 

The mode of raising funds to defray the increasing expenses 
of the colony was a difficult but an important part of the business 
of the Congress. The amount already ordered had not been 
fully received, and petitions were presented from different places 
urging that means might be adopted to ensure its collection. 
During the pendency of this subject, application was made to the 
Continental Congress for information, whether it would be con- 
sistent with the measures adopted by that body, to allow the 

13 Afterwards William Paterson was appointed Secretary, hut be acquainted 
the Congress that his business and circumstances would not admit of his serving, 
and John Carey, a member from Salem, was appointed. 

14 The Provincial Congress declared that they were animated with equal 
affection to the common cause of America, but they were desirous to know 
whether the right of nominating field officers was not in them, according to the 
privileges granted to other colonies, and they said that the previous appointment 
of field officers would tend to expedite the service. The Continental Congress 
replied, that it was necessary the balallions should be raised with all expedition, 
and they were not then prepared to decide upon the question of the appoint- 
ment of field officers. At a subsequent time, (September 16th, 1776,) this point 
was decided. The General Congress determined that the appointment of all 
officers, and filling up vacancies, except general officers, should be left with the 
colonies. 



408 PROVINCIAL CONGRESS. 

provinces the use of such sums of the continental money as they 
might require, upon the faith of the province, and if so, upon 
what terms. The General Congress decided, that the public 
exigencies did not admit of loans from the Continental Treasury, 
to any of the colonies. It was then resolved, that the sum of 
thirty thousand pounds proclamation money should be emitted in 
bills of credit, and an ordinance was passed directing the mode 
of issuing and of sinking the amount. An ordinance Avas also 
passed for compelling the payment of the ten thousand pound tax. 
A question touching an extension of the right of suffrage was 
also brought to the notice of the Congress. Petitions were pre- 
sented from different parts of the province, praying that house- 
holders and others, not freeholders, who should pay their propor- 
tion of tax, should be admitted to vote for deputies to the 
Provincial Congress. After some consideration and discussion, 
it was determined, that a final decision should be deferred until the 
next meeting of the Congress, in order that the sense of the peo- 
ple might be more generally known upon the subject. A com- 
mittee of safety, consisting of the President, Vice President, and 
eleven others, were appointed to act during the i*ecess, and the 
Congress then adjourned to meet at New Brunswick on the 1st 
of April, 1776, unless sooner convened by a call of the commit- 
tee. The committee above mentioned continued to be aetiveh 
engaged during the period of the recess. Upon information 
communicated to them from different quarters, proceedings were 
entered upon against individuals who were charged with the 
commission of acts opposed to the liberties of the country. The 
General Congress had advised in respect "to those unworthy 
Americans who were so regardless of their duty to their Creator, 
their country, and their posterity, as to take part with our 
oppressors, and, influenced by the hope or possession of rewards, 
should strive to recommend themselves to the bounty of administra- 
tion by traducing the principles and conduct of the friends of 
American liberty, and opposing every measure for its preserva- 
tion ; that the different assembles, conventions, and committees 
or councils of safety in the colonies, should take the most speed) 
and effectual measures to restrain the wicked practices of these 
nun." In accordance with this recommendation, the committee 



PROVINCIAL CONGRESS 409 

of safety in New Jersey, caused several individuals to be brought 
before them ; some were disarmed, fined, and ordered to give 
security for their behaviour in future, and others were ordered to 
be kept in confinement until suitable contrition should be mani- 
fested for their offences. 15 

Whilst these proceedings were carried on by the people and 
their immediate representatives, the Governor of New Jersey 
continued to exert himself in opposition : this was done both in 
his intercourse with public bodies, and also with individuals. 6 
On the 16th of November, 1775, he convened the General Assem- 
bly. The principal legislative authority of the province was yet 
with this body in name, although in fact the power had nearly 
passed into other hands. At the opening of the session the Gover- 
nor remarked to the House, that he had lately said so much concern- 
ing the present unhappy state of affairs, and the destructive 
measures which had been adopted, that he should not endanger 
the peace of the session by a farther discussion of the subject. 
But he thought it necessary that they should be informed " that 
his Majesty laments to find his subjects in America so lost to 
their own true interest as to have rejected the late overture 
(the conciliatory plan ;) but that as they have preferred engag- 
ing in rebellion, it had become his Majesty's duty, and was his 
firm resolution, to pursue the most vigorous efforts to bring them 
to obedience." His Excellency said, that he was conscious of 
having the true interest of the people at heart, and that he had 
resolved, contrary to the advice of his friends, to remain in the 
province, as his departure would probably subject the colony to 
the charge of open rebellion. But he desired the Assembly, in case 
they were not able or disposed to answer for the safety of himself 
and the other officers of the Crown, that plain information of their 
danger might be given. "Sentiments of independence," he said, 
" are openly avowed, and essays are appearing to ridicule the 
people's fears of that horrid measure ; it is high time that every 



"Journal of Proceedings, pp. 135-6. 
16 A correspondence of some warmth was carried on between the Governor 
and Lord Sterling in reference to the appointment of the latter to the command 
of a regiment of militia. Life of Lord Sterling, p. 114. 

52 



410 PROVINCIAL CONGRESS. 

man should know what he has to expect." The House replied, 
that they truly lamented the situation of public affairs, and that 
there was so little prospect of a removal of the grievances under 
which the country was laboring. That they desired nothing with 
greater anxiety than a reconciliation with the parent state on 
constitutional principles, but that they were greatly mistaken if 
the proposal lately offered, could have been accepted by them 
without a violation of the duty they owed to their constiuents. 
They assured his Excellency that they could not imagine that 
there was any reason to fear insult or injury, or that he or 
other officers need be apprehensive of danger. That they knew 
of no sentiments of independency that were openly avowed, and 
that they approved of no essays urging to such a measure, and 
considered it their duty to promote peace, order and good govern- 
ment. 17 The Assembly proceeded to transact the ordinary business 
that presented, and continued in session until the 6th of December. 
The House was then prorogued by the Governor, to the 3d of 
January next ensuing. But the Assembly never again convened. 
A new order of things was now taking place, and the institutions 
which had been established under royal authority, were soon to 
be entirely and forever abolished. 18 



11 Two days before, (November 28th,) the House had resolved, upon petitions 
presented on the subject, "that reports of independency, in the apprehension of 
this House, are groundless. That it be recommended to the delegates of the 
colony to use their utmost endeavours for obtaining a redress of American 
grievances, and for restoring the union between the colonies and Great Britain 
upon constitutional principles. That the said delegates be directed not to give 
their assent to, but utterly to reject any proposition, if such should be made, that 
may separate this colony from the Mother Country, or change the form of go- 
vernment thereof. Votes, vol. 4, p. 18. 

13 During the period of agitation that has been noticed, some concessions had 
been ma'de through the legislature in favor of the privileges and interests of the 
people in New Jersey. In the year 1768, an extension of representation was gained 
by the confirmation of an act for giving representatives to the counties of Morris, 
Cumberland, and Sussex. By this measure the number of members in the 
Provincial Assembly was increased from 24 to 30. At the last sitting of the 
Assembly, the Governor communicated the royal approbation of an act for the 
issue, by loan, of bills of credit to the amount of one hundred thousand pounds. 
This grant had been long solicited; but the laws passed by the Assembly had been 






PROVINCIAL CONGRESS. 



Ill 



In consequence of communications from the Continental Con- 
gress, the committee of safety summoned the Provincial Congress 
of New Jersey, which accordingly met on the 31st of January, 
1776. A principal part of the object of the meeting was to make 
provision to meet the requisitions for additional troops. The 
General Congress having been informed of the design of the 
British Ministry to make an attack upon the colonies by way of 
Canada, had resolved upon an attempt to anticipate the design, 
by taking possession of the strong posts in that province. The 
attempt was made, but was not fully successful, and it became 
necessary that additional forces should be raised, of which New 
Jersey was required to furnish a part. 19 The Provincial Con- 
gress accordingly ordered that enlistments should be made, and 
individuals were recommended as suitable persons to serve as 
field officers, and the other officers were at once appointed. The 
extension of military preparations involved a necessity for addi- 
tional means of support : hence the ordinance formerly passed 
for the issue of thirty thousand pounds in bills of credit, (which 
bills were not yet printed,) was re-considered and modified ; and 

constantly rejected. The Assemblies were not willing .to establish a fund that 
would render the officers of government independent of the legislature, but this 
had been desired by his Majesty, and hence a disagreement on this point had 
been one of the causes of the frequent rejection of the loan bills. In comr 
municating the royal-assent at this time, Lord Dartmouth informed the Gover- 
nor, that he was directed by his Majesty to say, that it would have been more 
agreeable to him, if the Assembly, instead of a general appropriation of the in- 
terest of the loan to the support of government in such manner as should be 
directed by future acts, had thought proper to make a settlement during the ex- 
istence of that loan, upon the officers of government, of salaries more suited to 
their respective offices than they then received; and if a specific portion had 
been appropriated to the building houses for the Governors; and the Assembly 
were required in his Majesty's name to make provision accordingly. The As- 
sembly replied, that though they entertained the most grateful sense of the at- 
tention shewn to their wishes in the assent to the loan act, and were sincerely 
disposed to grant his Majesty's requisitions, yet they did not think it prudent, at 
the time, to go into any increase of the salaries of the officers; nor did they ap- 
prehend that it would be beneficial to settle them for a longer period than 
usual, or that it would then be expedient to erect buildings for the Governor and 
Assembly. 

19 New Jersey was required to furnish another hattalion. 



412 PROVINCIAL CONGRESS. 

it was now resolved that the sum of fifty thousand pounds should 
be issued. Full provision was made for sinking these bills by 
instalments, within specified times, by taxes to be levied within 
the counties, upon real and personal property, including all 
mortgages, bonds, bills, notes at interest, and slaves. 20 

On the 14th of February, the Congress proceeded to elect 
delegates to represent the province in the Continental Congress, 
and William Livingston, John Dehart, Richard Smith, John 
Cooper, and Jonathan D. Sergeant were unanimously chosen. 
They were chosen to serve for one year, or until others should 
be appointed, and it was resolved that they, or three or more of 
them, should have full power to consent and agree to all measures 
which the Continental Congress should deem necessary, and that 
the province should be bound to execute to the utmost of its power 
all resolutions which the said Congress might adopt. 

The question respecting the right of suffrage, which had been 
agitated at the former sitting, was now again presented. Petitions 
in favor of an extension of the right, were offered from different 
parts of the province, and also a number of counter petitions. The 
subject was fully considered and was finally decided by putting the 
question " whether every person of full age who hath, immediately 
preceding the election, resided one whole year, in any county of 
the colony, and is worth at least fifty pounds in real and personal 
estate, ''shall be admitted to vote in the county wherein he resides, 
for representatives in Provincial Congress, or not? It was decided 
in the affirmative, nine counties voting for, and four against it. 21 

30 Nine thousand five hundred bills were to be struck, each of the value of 
three pounds, ten thousand each of the value of one pound ten shillings, six 
thousand six hundred and sixty-seven, each of the value of fifteen shillings, and 
five thousand, each of the value of six shillings. The bills to be in form as 
follows: "This bill by an ordinance of the Provincial Congress, shall pass 
current in all payments within the colony of New Jersey for . Proclama- 
tion money, dated the 12th of February, 1776." 

-' The ordinance as finally prepared and adopted, prescribed "that all free- 
holders qualified to vote for Representatives in General Assembly in this colony, 
who have signed the general association recommended by this Congress; and 
all other persons of full age who immediately preceding the election shall have 
resided for the space of one year in any county of this colony and are worth at 
least fifty pounds proclamation money in personal estate and have signed the 



PROVINCIAL CONGRLSS. 413 

Another measure followed upon the determination of this question. 
It was deemed advisable that the people of the colony admitted to 
vote under the present regulations, should have an opportunity to 
participate in the choice of representatives, and it was therefore 
resolved, that there should be a new election of deputies to serve 
in Provincial Congress, for every county of the colony, on the 4th 
Monday in May, yearly, and every year, during the continuance 
of the present troubles. Special regulations were made in regard 
to the mode of conducting the elections. It was also resolved, that 
in all future meetings of the Congress, the votes should be taken 
from the members individually, and not from the counties collec- 
tively, and that the Congress should have power to judge of the 
qualifications of its own members, and to reject any deputy or 
deputies for sufficient cause. It was then resolved, that "on the 
4th Monday in May next, this Congress shall be, and is hereby 
dissolved; any thing in the ordinance of the late Provincial Con- 
gress, to the contrary, notwithstanding." 

During this period, important changes were taking place in the 
relations between the colonies and Great Britain. It has been 
seen that notwithstanding their vigorous prosecution of measures 
of resistance, the colonists did not design a final separation. 
Independency was not their object. But a change of opinion and 
feeling was consequent upon the march of events. In September, 
1775, the final petition of the General Congress to the King, was 
rejected, and in a manner by no means calculated to soften or con- 
ciliate. 22 An early call of Parliament followed. In his address, 
the King accused the colonists of revolt, hostility, and rebellion, 
and declared that the rebellion was carried on for the purpose of 
establishing an independent empire. To prevent this design, he 
said, the most decisive measures were required, and the aid of 
Parliament was invoked. Parliament readily answered. About 
the close of the year 1775, an act was passed prohibiting all trade 
with the colonies, and authorizing the capture and condemnation 



general association as aforesaid, shall be admitted to vote in the county where 
he resides, for deputies to the Provincial Congress." Journal, p. 228. 

22 Mr. Penn, who presented the petition, was informed that no answer would 
be given. 



414 PROVINCIAL CONGRESS. 

of all American vessels and their cargoes, and of all other vessels 
found trading in any port or place in the colonies, as if the same 
were the vessels and effects of open enemies; and the vessels and 
property thus taken were vested in the captors, and the crews 
were to be treated not as prisoners, bxit as slaves. Nearly at the 
same time agreements were entered into with certain German 
Princes, particularly the Landgrave of Hesse Cassel, taking into 
pay 17,000 troops, to be employed against the Americans, and an 
additional force of 25,000 men was also to be sent over. Such 
measures as these were eminently calculated to exasperate and 
alienate the Americans, and to dispose them to a final separation 
from the mother country; and such a disposition soon began to be 
manifested. During the winter of 1775-6, several publications ap- 
peared, in which independence of England was openlv proposed 
and urged. 23 The measure soon began to be generally considered 
by the people, and not long afterwards received the sanction of 
several public bodies. Whether it was distinctly contemplated at 
the time by the Provincial Congress of New Jersey, is uncertain, 
but the delegates in Continental Congress were authorized by the 
instructions of the 14th of February, to join in the general voice 
of the colonies, and pursue such measures as might be deemed 
most beneficial for the public good. On the 22d of April, the 
Convention of North Carolina empowered their delegates to con- 
cur with others in declaring independency. Earlv in May, the 
Convention of Virginia unanimously instructed their delegates to 
propose to the General Congress to declare the united colonies, 
free and independent States, absolved from allegiance and depen- 
dence upon the Crown or Parliament of Great Britain. 

The action of the Continental Congress was in unison with the 
sentiments expressed in the colonies ; a series of measures were 
resolved upon by that body, tending toward a final separation from 
the mother country. The "prohibitory laws" of Parliament were 
answered by a direction of Congress, that reprisals should be made 
both by public and private armed vessels ; and the ports of the 
country were opened to all the world, except the dominions of 

" ; Among these publications, one entitled "Common Sense,'-' "written bj 
Thomas Paine, was supposed to have been most influential. 



PROVINCIAL CONGRESS. £15 

Great Britain. On the 10th of May, 1776, Congress recommended 
to the Assemblies and Conventions of the colonies, "to adopt such 
governments as should, in the opinion of the representatives of the 
people, best conduce to the happiness and safety of their con- 
stituents in particular, and America in general." In the preamble 
to this resolution, (adopted five days later,) it was declared, that 
"it was irreconcileable to reason and good conscience for the 
colonists to take the oaths required for the support of government 
under the Crown of Great Britain, and that it was necessary that 
every kind of government under the Crown, should.be suppressed.'''' 

In New Jersey action was so promptly taken upon this subject, 
that an independent government was formed, even in advance of 
the declaration of independence by the General Congress. It has 
been seen that a resolution was adopted by the Provincial Con- 
gress for a new election of delegates on the 4th Monday in May, 
1776. Representatives were accordingly chosen at that time in 
all of the counties, and the members convened, according to ap- 
pointment, at Burlington, on the 10th of June. Sixty-five mem- 
bers were in attendance, five from each of the thirteen counties. 
On the 11th they met and proceeded to the election of officers, 
when Samuel Tucker, a member from Hunterdon, was chosen 
President, and William Paterson of Somerset, was appointed 
Secretary. The proceedings of this body were of the highest 
importance, not merely in reference to the immediate, but also to 
the ultimate interests of New Jersey. A form of government was 
devised and adopted under which independence was achieved, and 
which was afterwards continued, until a high degree of prosperity 
and happiness was reached by the people.- 14 

At an early period, a communication was received from the 
Continental Congress, stating that thirteen thousand eight hundred 
troops were to be employed to reinforce the arm}' of New York, 

24 The precise character of the body by which the first constitution of New 
Jersey was framed, has been a subject of much inquiry and doubt. It is here 
seen that it was the Provincial Congress, a body quite distinct from the As- 
sembly. It had not been chosen for the particular purpose of forming a con- 
stitution, but entered upon it, in pursuance of the recommendation of the Gene- 
ral Congress, and in compliance with petitions from the people, together with 
the souse of the body itself, as to the necessity of the measure. 



41 R PROVINCIAL CONGRESS. 

of which number, three thousand were requested from New Jersey. 
This request was complied with; an ordinance being passed for 
the purpose on the 14th. On the same day, a proclamation made 
by Governor Franklin, was taken up for consideration. Probably 
with a view of obstructing the measures that were in progress, his 
Excellency had issued a proclamation in the name of the King, 
appointing a meeting of the General Assembly of the province, on 
the 20th of June. On the 16th the Provincial Congress resolved 
"that in the opinion of this Congress, the said William Franklin, 
by such proclamation has acted in direct contempt and violation 
of the resolve of the Continental Congress of May last." 25 It was 
further resolved, that in the opinion of this Congress, "the said 
William Franklin has discovered himself to be an enemy to the 
liberties of this country, and that measures ought to be immedi- 
ately taken for securing his person, and that from henceforth all 
payments of money to him, on account of salary, or otherwise, 
should cease." 26 Petitions were received from the inhabitants in 

25 Reference was here made to the resolution before noticed, that it was ne- 
cessary that all authority under the Crown should be suppressed. 

26 The General Congress had recommended to the colonies to arrest and 
secure every person whose going at large would, in their opinion, endanger the 
safety or liberties of the country. In pursuance of this recommendation, and of 
their own resolution, an order was issued to Colonel Nathaniel Heard, of the 
Middlesex battalion, directing him to wait on Governor Franklin and require 
his parole not to depart from certain places mentioned (the choice of which was 
to be left to himself,) and in case he should refuse to sign the parole, he was to 
be put under strong guard and kept in custody until the further orders of Con- 
gress. A communication was received from Colonel Heard on the 17th of 
June, informing the Congress that he had waited on the Governor and requested 
him to sign the parole, which he absolutely refused to do, and forbade the officer 
at his peril to carry the order into effect. A guard of sixty men was then placed 
around the house and the further orders of Congress awaited. The Congress 
ordered that he should forthwith be brought before them. At the same time, a 
communication was addressed to the General Congress, informing that body of 
the conduct of the Governor, and of the proceedings that had been taken in the 
case, and requesting their advice and support. To this communication a reply 
was made in which the General Congress recommended, that the examination 
of the Governor should be proceeded with, and that if the Provincial Congress 
should be of opinion that the Governor should be confined, the Continental 
Congress would direct the place of confinement, they concurring in opinion 



PROVINCIAL CONGRESS. 417 

different parts of the province, praying that a nciv mode of govern- 
ment might be established, and on the 21st a resolution was 
adopted " that a government be formed for regulating the internal 
police of this colony, pursuant to the recommendation of the Con- 
tinental Congress of May last." This resolution was passed by 
a vote of 54 to 3. On the 22d, the Congress proceeded to elect 
delegates to represent the colony in the Continental Congress ; 
they were chosen for one year, or until others should be appointed. 
Richard Stockton, Abraham Clark, John Hart, Francis Hopkin- 
son, and Dr. John Wilherspoon were chosen. They were em- 
powered and directed to join with the delegates of the other colo- 
nies, in the most vigorous measures for supporting the just rights 
and liberties of America, and also, if they should think it necessary 
and expedient, to join in declaring the united colonies indepen- 
dent of Great Britain; to enter into a confederacy for union 
and common defence, and make treaties with foreign nations; and 
to take such other measures as might seem necessary for these 
great ends; it being promised that they should be supported with 
the whole force of the province. But they were instructed, that 
whatever confederacy they should enter into, the regulation of the 
internal police of the province was to be reserved to the provincial 
legislature. On the same day (the 24th,) the subject of the forma- 

with the Provincial Congress, that he should not be confined in New Jersey. 
The Governor was brought before the Congress on the 21st of June, but he re- 
fused to answer the questions that were put to him, and denied the authority of 
the body, which, he said, had usurped the King's government in the province ; 
whereupon the Congress resolved that as he appeared to be a virulent enemy 
to the country, he should be confined in such place as the Continental Congress 
should direct. Soon afterwards that body transmitted a resolution that Governor 
Franklin should be sent under guard, to Governor Trumbull, of Connecticut, 
who was desired to take his parole, and if he should refuse to give his parole, 
that he should be treated according to the resolutions of Congress respecting 
prisoners. This order was executed, and Franklin remained a prisoner in Con- 
necticut until the end of the war, when he sailed for England. He resided 
in that country until his death, enjoying a pension from the government. 
Besides his general course in New Jersey, the feeling against him was increased 
in consequence of letters that he wrote to England concerning the transactions 
in the province, some of which letters were intercepted. 

See Life of Lord Sterling, p. 121. 

53 



418 THE CONSTITUTION. 

lion of a new government was again taken up, and a committee con- 
sisting of Messrs. Green, Cooper, Sergeant, Qgden, Elmer, Hughes, 
Covenlioven, Symmes, Condict, and Dick, was appointed to pre- 
pare a draught of a constitution. Two days afterwards (the 26th,) 
the committee reported a draught, which was held under considera- 
tion, in committee of the whole, until the 2d of July, when it was 
adopted by the house upon the question, " whether the draught of 
the constitution formed on the report of the committee of the whole, 
be confirmed noiv, or deferred for further consideration V Twenty- 
six members voted "now," and nine " for deferring." The instru- 
ment was thus adopted on the 2d of July, 1776, two days before 
the declaration of independence by the Continental Congress. But 
the constitution of New Jersey, though it provided for the estab- 
lishment of a government under popular authority, fell somewhat 
short of a full assertion of independence. It contained a clause 
providing, that if a reconciliation should take place between Great 
Britain and her colonies, the instrument should become null and 
void ; but otherwise should remain in full force and virtue. This 
provision, however, was not satisfactory to the whole of the body, 
and the day after the adoption of the instrument, a question was 
taken, whether it should be printed immediately, or the printing 
be deferred for a few days, in order to reconsider in a full house 
the propriety of the clause just mentioned. It was decided by a 
reduced majority, in a very thin house, that it should be printed 
at once, and distributed among the people. Had there been but a 
brief delay, there is every reason to believe, that this single mark 
of a dependent relation would have been wholly removed. Pro- 
bably, however, the reservation exerted no influence upon subse- 
quent action. 27 

The constitution now adopted, contained an assertion of most 
important principles in government. In the preamble it was de- 
clared, that all the constitutional authority ever possessed by the 
King of Great Britain over the colonies, was, by compact, derived 

27 Gordon attributes the introduction of this clause to the influence of Presi- 
dent Tucker. He says " the door of retreat was kept open by the fears of the 
President, who, a few months after, claimed the clemency of the enemy, with 
whom, this clause gave him an interest." 



THE CONSTITUTION. 419 

from the people, and held for their common interest; and that as 
allegiance and protection were reciprocal ties, each equally de- 
pending upon the other, and as George the Third, the King of 
Great Britain, had refused protection to the people of the colonies, 
and attempted to subject them to an absolute rule, and made war 
upon them in the most cruel and unnatural manner, all civil au- 
thority under him was necessarily at an end. This declaration 
went to the entire subversion of the former pretensions of the 
Crown ; contrary to the claim that had been frequently advanced, 
that government might be established, or modified, or suspended, 
according to royal discretion ; it regarded the authority of the King 
in the colonies, as elsewhere, as being derived from the people, 
and held upon the condition that it should be used for their benefit. 
And this principle was now to be acted upon. The King, in con- 
sequence of an abuse of the authority he held, having forfeited all 
claim to allegiance and obedience, the people assumed the right of 
determining and acting for themselves. Hence it was declared, 
that " we the representatives of the colony of New Jersey, having 
been elected by all the counties in the freest manner, and in Con- 
gress assembled, have, after mature consideration, agreed upon a 
set of charter rights, and the form of a constitution." In framing 
the instrument, it may be, that the great principle already men- 
tioned, may not in all respects have been fully maintained ; it may 
be that a degree of authority was given to government, that would 
seem not perfectly consistent with the theory of popular rights ; 
yet a plan was devised that was found to be little objectionable in its 
practical working, that admitted of the enjoyment of a full measure 
of liberty, and of the attainment of a high degree of prosperity. 

The constitution contained some provisions directly restrictive of 
the action of government. No person should be deprived of the 
privilege of worshipping Almighty God in a manner agreeable to 
the dictates of his own conscience, nor under any pretence be com- 
pelled to attend any place of worship contrary to his own faith 
and judgment ; nor should any be obliged to pay tithes, taxes, or 
other rates for the purpose of building or repairing any church, 
or for the maintenance of any ministry, contrary to what he should 
believe to be right, or have engaged to support. There should be 
no establishment of any one religious sect in preference to an- 



420 THE CONSTITUTION. 

other; nor should any Protestant inhabitant of the colony be 
denied the enjoyment of any civil right, merely on account of 
his religious principles. The inestimable right of the trial by jury 
was to remain as a part of the law of the colony, without repeal, 
forever. Limitations were also laid down, in the oath or affirma- 
tion to be required of the members of the legislative department of 
government. 28 

The government of the province was vested in a Governor, 
Legislative Council, and General Assembly. The Council and 
Assembly were to be chosen yearly by the people ; one member 
of Council, and three members of the Assembly in each of the 
counties ; but the number of members of the Assembly might be 
changed by the voice of a majority of the Council and Assem- 
bly, as might be judged equitable and proper, provided that 
the whole number should not be less than thirty-nine. The 
members of Council were to be inhabitants and freeholders in the 
counties in which they were chosen, and to be worth at least one 
thousand pounds proclamation money of real and personal estate 
in the county ; and the members of the Assembly were to be in- 
habitants of the county, and worth at least five hundred pounds 
proclamation money in real and personal estate. All the inhabi- 
tants of the colony who were of full age, and worth fifty pounds 
clear estate in the county, and who had resided therein for twelve 
months before the election, were to be entitled to vote for Repre- 
sentatives. 29 The Assembly were empowered, when met, to choose 



28 The members of both houses were to be required, before taking their seats, 
to take an oath or affirmation, not to assent to any taw, vote, or proceeding that 
should appear to them to be injurious to the public welfare, nor any that should 
be contrary to the provision for an annual election of members of the Legisla- 
ture, or for the trial by jury, or for a free toleration in respect to religion and 
■worship. 

29 The property qualifications required of the electors and the elected, was a part 
of the constitution that has exposed it to objection. The subject, however, had 
been introduced and canvassed in part in former meetings of the Provincial Con- 
gress, and the provisions inserted in the constitution, were nearly in accordance 
with previous resolutions, and were probably as liberal as opinion would warrant at 
the time. But they were found to be too strict for a subsequent period, and relief 
was obtained by a stretch of authority on the part of the Legislature, and by the 



THE CONSTITUTION. 421 

a Speaker, and other officers, to be judges of the qualifications of 
their own members, sit on their own adjournments, prepare bdls 
to be passed into laws, and to empower the Speaker to call a 
meeting when any unusual occurrence should render it necessary. 

The legislative Council were empowered to prepare bills to pass 
into laws, and have other like powers as the Assembly, and in all 
respects to be a free and independent branch of the legislature, 
only, that they were not allowed to prepare or alter any money 
bill; this was the privilege of the Assembly alone. 30 

The Council and Assembly jointly at their first meeting after 
each annual election, were, by a majority of votes, to elect " some 
fit person" within the colony, to be Governor. 3 * The Governor 
was to continue in office for one year, and be the constant Presi- 
dent of the Council, and have a casting vote in their proceedings, 
but a Vice President was to be chosen by that body, to act in the 
absence of the Governor. The Governor, or in his absence, the 



sanction of general custom. The qualification, as regards the elected, ceased to 
be much regarded, and it was evaded as to the electors, by an enactment (passed 
in June, 1820,) that all persons who should have paid a county tax, and whose 
names were enrolled on the tax list, should be deemed and taken to be worth 
fifty pounds clear estate. At the same time, the words, " all the inhabitants" 
were explained to mean, the free white male citizens of the State of the age of 
twenty-one years. 

3 ° This restriction upon the action of the Council, has been attributed to 
" haste and confusion of ideas." It is supposed to have been copied from the 
British government, under which the right to grant money is claimed by the 
Commons, because the other branches of the legislature are presumed to have 
an interest, and to be subject to an influence, foreign to the mass of the people. 
But here the Council, like the Assembly, being chosen by the people, no reason 
for such a distinction could exist. To an extent, the objection is well founded ; 
yet the Assembly might beisupposed to stand as the representatives of the peo- 
ple, in a somewhat fuller and nearer relation than the Council, and therefore 
the distinction mentioned, if not necessary, can yet hardly be considered as so 
entirely groundless, as to warrant the charge of haste and confusion. 

See Gordon, p. 183. 

31 The direct election of the Executive by the people themselves, is the mode 
of appointment which modern opinion and usage have sanctioned. But the 
comparative advantages even of an indirect election by the people, over an ap- 
pointment by the Crown, the mode that had so long prevailed, seemed to be 
sufficient to satisfy the Congress, and perhaps to satisfy the people, at the time. 



422 THE CONSTITUTION. 

Vice President was to exercise the supreme executive power, to 
be Commander-in-Chief of all the military forces of the province, 
and also, to be Chancellor of the colony, and Ordinary or Surro- 
gate General. Three or more of the Council were to be a Privy 
Council to advise at all times with the Governor when he should 
think proper to consult them. 

The Governor and Council, seven whereof were to form a 
quorum, were to be a Court of Appeals in the last resort, and to 
possess the power of granting pardons to criminals after condem- 
nation. Other officers of the judicial department of government 
were to be appointed by the Council and Assembly, as the Judges 
of the Supreme Court, Judges of the Inferior Court of Common 
Pleas in the counties, Justices of the Peace, and the Clerks of the 
several courts, and also the Attorney General. The term of office 
of the several judicial officers was determined, but with a provision 
allowing their re-appointment. They were to be commissioned 
by the Governor, or the Vice President of Council. 32 

The Council and Assembly were likewise to appoint a Secretary 
of State, and Treasurer, and the field, and general militia officers. 
Sheriffs and Coroners were to be elected by the people in the 
several counties, and inferior officers of the militia, by the respec- 
tive companies. 

The Council and Assembly were to have power to make the 
Great Seal of the colony, which was to be kept by the Governor 
or the Vice President of Council ; it was to be called the " Great 
Seal of the Colony of New Jersey." In order to obviate delay 
and confusion, it was provided, that all the laws of the province 
contained In an edition of the laws that had lately been published, 
should be, and remain in full force, until altered by the legislature, 
such only excepted as were incompatible with the provisions of 
the constitution itself; and that the common law of England, as 
well as so much of the statute law as had heretofore been practised, 
should remain in force until altered by act of the legislature, such 



32 The comparative advantages of the different modes of appointing the offi- 
cers of the judicial department are yet not determined, but common opinion 
continues to sanction an appointment by some action of the otiier departments, 
in preference to a popular choice. 



THE CONSTITUTION. 423 

parts only excepted as were repugnant to rights and privileges con- 
tained in the constitution. 

With the many excellent provisions in this instrument of go- 
vernment, there were also obvious defects. There were errors 
and defects not only in the omission of needed restraints, but in 
the authority that was actually conferred. The restrictive articles, 
though highly important in character, were not sufficient in num- 
ber or reach, to give full security to the people against the danger 
of an excess of power. Authority was also given to the govern- 
ment, especially to the legislative department, that might, with 
greater propriety, have been left to the people themselves ; this 
was especially the case in regard to the choice of the executive 
officers. An immediate choice by the people Would have been 
more in accordance with the theory of popular government, and 
would also have been attended by important practical advantages. 
The legislative bodies would thus have been freed from the diffi- 
culties and dangers that arise in appointing to office. An unusual 
degree of integrity, firmness, and wisdom would be required, to 
prevent the course of legislation from being sometimes affected, by 
influences which in this manner are brought into action. 

The distribution of poivers in the constitution was also defec- 
tive. The Governor was made at once an executive, legislative, 
and judicial officer. Whilst he exercised the supreme executive 
authority, he was authorized to preside in one of the legislative 
houses, and to vote therein, and at the same time, as Chancellor, and 
as the head of the Court of Appeals and of Pardons, he acted as 
a principal judicial officer of the government. 33 In the case of the 
members of Council, there was also a singular commingling of 
duties and of powers. They were chosen principally as legisla- 
tors, and the election would frequently be made with but little 
reference to their acquaintance with judicial proceedings ; and yet 
as members of the Court of Appeals, a court of the last resort, 

33 These objections were somewhat lessened in actual practice. The ordinary 
duties of the Governor as chief executive officer, were not numerous or difficult, 
and he seldom participated directly in legislative proceedings ; usually the most 
important of his duties were those of a judicial character, and the choice of the 
officer came to be made, in a great degree, with a view to his fitness in this 
respect. 



424 INDEPENDENCE DECLARED. 

they were empowered and required to decide upon cases, which 
the highest judicial authorities had formally adjudged. The entire 
provision in relation to the judicial department, indeed, was greatly 
imperfect; excepting the mere designation of certain officers, and 
the determination of the periods of office, almost the whole was 
left to the will of the legislative bodies. Yet in considering the 
circumstances of the formation of this instrument, it would seem 
to be a matter of surprise, that the deficiencies and faults of the 
plan were not greater, rather than that any should be found to 
exist. 

A regulation similar to that which was made for the continuance 
of laws, was also adopted in relation to officers. It was resolved, 
in order to prevent a failure of justice, that all Judges, Justices of 
the Peace, Sheriffs, Coroners, and other inferior officers of the 
late government within the colony, should proceed in the discharge 
of their several offices, under the authority of the people, until the 
intended legislature and the several officers of the new government 
should be settled ; all officers having respect to the constitution of 
New Jersey as lately ordained, and the orders of the Continental 
and Provincial Congress; and that all actions, suits, and processes 
should be continued, altering only the style and form thereof, ac- 
cording to the terms prescribed by the said constitution, in the 
further prosecution thereof. 

The several measures which at this period were brought to the 
notice of the American Congress, were of the highest importance 
and interest. The great question of independence was brought 
directly before that body by Richard Henry Lee, one of the dele- 
gates from Virginia. On the 7th of June, 1776, he submitted a 
resolution, declaring " that the united colonies are, and of right 
ought to be free, and independent States ; that they are absolved 
from all allegiance to the British Crown ; and that all political 
connection between them and Great Britain is, and ought to be, 
totally dissolved." This resolution was considered in committee 
of the whole, and was debated with great warmth and ability, and 
was finally adopted in committee on the 10th, by a bare majority 
of the colonies. Its further consideration in the House was then 
postponed until the 1st of July, a committee consisting of Jeffer- 
son, Adams, Franklin, Sherman, and R. R. Livingston, being ap- 



INDEPENDENCE DECLARED. 429 

pointed to prepare, in the mean time, a declaration of independence. 
General sentiment as yet was not fully matured upon the subject, 
and some of the representatives in Congress were embarrassed by 
the instructions that had been given them. The delay gave an 
opportunity for fuller consideration among the people, and for 
further instructions to their deputies. 34 Within the interval, on 
the 22d of June, a new appointment of deputies was made in New 
Jersey, and the members, as has been seen, were now expressly 
authorized to give their assent to the pending measure. They 
entered upon their duties on the 28th of June. 35 On the 1st of 
July the resolution was again taken up in the house, and being 
referred to the committee of the whole, was assented to by all of 
the colonies, except Pennsylvania and Delaware, and on the day 
following was finally adopted and entered upon the journals of the 
house. 

The committee appointed to prepare a declaration had sub- 
mitted a draught on the 28th of June, and the question upon its 



04 It has been seen that in February, 1776, the Provincial Congress of New 
Jersey appointed William Livingston, John Dehart, Richard Smith, John Coop- 
er, and Jonathan D. Sergeant, to be delegates in the General Congress, to serve 
for one year, or until others should be appointed. These persons were in the 
body at the time the question of independence was brought up. They were 
not expressly instructed upon the point, being only empowered to assent to 
all measures which the Congress should deem necessary. Beside the indecisive 
character of their instructions, these representatives, or most of them, are sup- 
posed to have been willing to avoid the responsibility of a direct decision upon 
this momentous subject. Smith, alleging indisposition, resigned his seat on 
the 12th of June, Dehart on the 13th, and Sergeant a few days later. Cooper 
took no active part in the proceedings, and Livingston was recalled to fill a 
military appointment, and he too, as there is reason to believe, was doubtful as 
to the expediency of the step at the time, though when taken, he most earnestly 
endeavoured to sustain it. Gordon, p. 201. Life of Livingston, p. 185. 

35 It is not certain that they were all present at that time, but one of the num- 
ber, Hopkinson, then appeared and presented their instructions. It has some- 
times been stated that the delegates from New Jersey were not present at the 
time the question of independence was taken, though they afterwards concurred; 
but other accounts of at least equal authority, represent, that they were present, 
and that one at least, Stockton, participated in the debate. See Biography of 
Signers, Memoirs of Lee, Life of Livingston, and Gordon's New Jersey. 
54 






426 INDEPENDENCE DECLARED. 

adoption was taken in the house on the 4th of July. After re- 
ceiving 1 some unimportant amendments, the declaration was as- 
sented to, being sanctioned by the approbation of every one of the 
colonies. 

On the 17th of July, this important decision was approved and 
acquiesced in by the Provincial Congress of New Jersey, in the 
following manner and terms: "Whereas the Honorable Continen- 
tal Congress have declared the United Colonies free and indepen- 
dent States, we, the deputies of New Jersey, in Provincial Con- 
gress assembled, do resolve and declare, that we will support the 
freedom and independence of the said States with our lives and 
fortunes, and with the whole force of New Jersey." On the fol- 
lowing day it was also resolved, "that this house from henceforth, 
instead of the style and title of the Provincial Congress of New 
Jersey, do adopt and assume the style and title of the Convention 
of the State of New Jersey. 

Thus the connexion with Great Britain was fully and finally 
severed. 



CHAPTER XXI. 

PROPOSALS FOR ACCOMMODATION BY THE ENGLISH. —FIRST LEGISLA- 
TURE OF THE STATE OF NEW JERSEY. 

In regard to military operations, the year 1776 was one of 
gloom to the cause of America. The British had succeeded in 
repelling the attempts upon Canada, and were now preparing to 
establish a strong line of communication along the course of the 
Hudson River, between the city of New York and the posts on 
the Canadian borders. With this view, General Howe and his 
army evacuated Boston, and arrived about the last of June in the 
the harbor of New York, and on the second of July took posses- 
sion of Staten Island. He was joined on the 12th by his brother 
Lord Howe, with a fleet and a large reinforcement of troops. 
Lord Howe was the bearer to America, of what the British Minis- 
try were pleased to call the « Olive Branch," as well as the sword. 
On the 6th of May, he, with his brother, had been appointed 
Commissioners by the King, to make an offer of pardon to all 
those who, as it was said, « in the tumult and disorder of the times, 
had deviated from their just allegiance, and were now willing by 
a speedy return to their duty, to reap the benefits of royal favor.' 
Upon such conditions, the Commissioners were empowered to 
declare any colony, town, port, or place, to be in the peace, and 
under the protection of the Crown, and excepted from the penal 
provisions of the act prohibiting trade and commerce with the 
colonies. Upon the arrival of Lord Howe, the proposals he bore 
were communicated in a circular letter to the Governors lately, 
acting under the Crown. A letter was also directed to Wash- 
ington, which was rejected by him on account of its address, and 
another was sent to Franklin, who had been known to Lord Howe 
in England. A note dated July 30th, was written by Franklin m 



128 PROPOSALS FOR ACCOMMODATION BY THE ENGLISH. 

reply; in this he spoke of the object of Lord Howe as seeming 
no more than to extend an offer of pardon, and lamented that his 
lordship had been sent so far, on so hopeless a visit. "It is im- 
possible," he said, "to think of submission to a government that 
has with the most wanton barbarity and cruelty, burnt our defence- 
less towns in the midst of winter, excited the savages to massacre 
our peaceful farmers, our slaves to murder their masters, and is 
now bringing foreign mercenaries to deluge our settlements with 
blood." No other immediate effect was produced by the offers 
of the Commissioners than to influence some of the disaffected 
and doubtful, and to dispose them upon the earliest turn of affairs, 
to make their peace with their country's foes. 

The attempt of the British to possess themselves of New York, 
had been foreseen by the American Commander, and preparations 
had been made for defending it. But the force that could be col- 
lected for the purpose, was greatly inferior to that of the enemy, 
and" after the disastrous battle of Long Island, (on the 27th of 
August,) Washington was forced to retire from New York, which 
was directly entered and occupied by the English, who also, soon 
afterwards, obtained possession of most of the places of strength 
in the neighboring country. It was supposed by his Majesty's 
Commissioners, that the misfortunes that Mere then experienced 
might dispose the American people to listen more favorably to the 
overtures that had formerly been made. General Sullivan, who 
had commanded at Long Island, and had fallen into the hands of 
the enemy, was therefore sent on his parole, to Congress, with a 
message from Lord Howe. His lordship informed the body, that 
he was unable to treat with Congress as such, but that he was 
desirous to confer with the members; and that he, in conjunction 
with General Howe, had full power to consider and adjust exist- 
ing disputes, and that he was desirous an agreement might then 
be made, before any decisive blow had been struck. Franklin, 
Adams, and Rutledge were appointed a committee on the part of 
Congress to receive the proposals of the Commissioners, and for 
this purpose they met Lord Howe at Staten Island. His lordship 
declined receiving them as a committee of Congress, but was will- 
ing to confer with them as private individuals. But the modera- 
tion and good sense of the committee enabled them to secure a 






PROPOSALS FOR ACCOMMODATION BY THE ENGLISH. 4 29 

position in which the object of their mission might be gained, 1 and 
they succeeded in drawing from the Commissioner, that his only 
proposition was, that if the colonies would return to their allegiance 
and obedience, the King and his Ministers were disposed to make 
their government easy, and to redress their grievances. The 
committee expressed their opinion to his lordship, that "a return 
to the domination of Great Britain was not to be expected." That 
the injuries the colonies had received had forced them to a decla- 
ration of independence, that all the colonies had joined in the 
measure, and had settled, or were settling their own governments, 
and that Congress had no power to agree for them that they should 
return to a dependent condition; but that the colonies were no 
doubt inclined to peace, and would readily treat with Great Britain 
on reasonable terms, if properly approached. These proceedings 
were published in full, for the information of the American people. 
A proclamation was afterwards put forth by the Commissioners to 
the people at large, in which they stated, that they were desirous 
to confer with his Majesty's well affected subjects upon the means 
of restoring tranquility, and establishing a permanent union. They 
informed the people that the King had directed a revision of such 
of his royal instructions, as might be construed to lay an undue 
restraint upon the freedom of legislation in any of the colonies, 
and would also concur in the revisal of all acts by which his sub- 
jects might think themselves aggrieved; and they exhorted the 
inhabitants "to reflect seriously on their condition, and judge 
whether they should offer their lives a sacrifice to the unjust and 
precarious cause in which they were engaged, or return to their 
allegiance." This proclamation, with the unfavorable events and 
prospects of the time, induced a number of persons to desert the 
American cause, and to accept of the offered terms. Nine hun- 
dred and fifty persons in New York, and the vicinity, presented 
a petition to the Commissioners declaring their allegiance to Great 
Britain, conceding the constitutional authority of Parliament in 
America, and praying that the city and county of New York misrht 

1 They informed Lord Howe that, as their business was to hear, he might 
consider them in what light he pleased, but thai they should consider themselves 
in no other light than that in which ( Songre s had placed them. 



430 FIRST LEGISLATURE OF THE STATE OF NEW JERSEY. 

be restored to his Majesty's peace and protection. By many 
others in different places, a similar course was afterwards pursued, 
and among these persons were some individuals of distinction and 
influence. 

It was during the period of darkness just noticed, that the go- 
vernment of the State of New Jersey was brought into operation. 
By a provision of the constitution, the Legislative Council and 
Assembly were to be chosen for the first time, on the 2d Tuesday 
of August, 1776, and the members then chosen were to continue 
in place until the 2d Tuesday in October, 1777, and on the 2d 
Tuesday in October in each and every year, a new election was 
to be made, and the delegates elected were always to meet on the 
2d Tuesday next after the day of election. The constitution re- 
ceived the assent and sanction of the people at large, both by 
general acquiescence, and by a full observance and pursuance of 
its several provisions. An election for representatives in the 
Legislative Council and Assembly, was held in the several coun- 
ties on the day prescribed, and the members chosen convened, 
according to appointment, at Princeton, on Tuesday, the 27th of 
August, 1776. On the 29th the houses were organized. John 
Stevens was chosen Vice President of Council, and John Hart 
was elected Speaker of the House of Assembly. 

An important part of the duty devolving on the legislative bodies, 
was the further establishment of the government by filling the 
offices in the other departments. On the 31st, in joint ballot of 
the two houses, William Livingston was chosen Governor of the 
State. 2 He was then engaged in the discharge of military duties, 
and therefore did not enter upon office for some days after his 
appointment. As a preliminary to the issue of commissions to the 
several officers, the preparation of a great seal was considered by 
the legislative bodies, and a resolution was agreed to, that as 
sundry commissions should be given before a proper seal could 

2 Livingston had been one of the delegates in the Continental Congress, and 
at the present time, was Commander-in-Chief of the militia of New Jersey. 
The other candidate for the office of Governor, was Richard Stockton ; on the 
first balloting, the votes were equally divided; and it was not unttf the next 
day that an union of parties took place, and Livingston was elected. 

Sedgwick's Livingston, Gordon's New Jersey, Minutes of \ Joint Meeting. 



FIRST LEGISLATURE OF THE STATE OF NEW JERSEY. 431 

be made, the seal at arms of his Excellency William Livingston 
should be deemed, taken and used, as the great seal of the State, 
until another could be procured. 3 

On the 13th of September, an address was made to the two 
houses by the Governor. His Excellency remarked, that " con- 
sidering how long the hand of oppression had been stretched out 
against us ; how long the system of despotism concerted for our 
ruin, had been insidiously pursued, and was at length attempted 
to be enforced by the violence of war; reason and conscience must 
have approved the measure had we sooner abjured that allegiance 
from which not only by a denial of protection, but the hostile as- 
saults on our persons and properties, we were clearly absolved. 
That being thus constrained to assert our own independence, the 
late representatives of the colony of New Jersey in Congress as- 
sembled, did, in pursuance of the advice of the Continental Con- 
gress, the supreme council of the American colonies, agree upon 
the form of a constitution which by tacit consent, and open appro- 
bation, hath since received the assent and concurrence of the good 
people of the State; and agreeably to this constitution, a Legisla- 
tive Council and Assembly have been chosen, and also a Gover- 
nor. Let us then, as it is our indispensable duty, make it our 
invariable aim, to exhibit to our constituents the brightest examples 
of a disinterested love for the common weal ; let us, both by pre- 

3 A joint committee of the houses was afterwards appointed to prepare a great 
seal, and they reported that " they had considered the subject and taken the sen- 
timents of several persons thereon, and were of opinion that Francis Hopkinson, 
Esq., should be immediately engaged to employ proper persons at Philadelphia 
to prepare a silver seal, which should be round, of two and a half inches diameter, 
and three-eights of an inch thick ; and that the arms shall be, three ploughs in 
an escutcheon, the supporters, Liberty and Ceres, and the crest a horse's head ; 
these words to be engraved in large letters round the arms, viz: The Great 
Seal of the State of New Jersey." This report was agreed to. At a subsequent 
date, Francis Hopkinson furnished his account in detail, for the expenses in- 
curred in procuring the seal, amounting to £35 2s Ad. {Voles and Proceedings, 
p. 33.) In regard to the name of the seal, as well as in other particulars that 
will come into notice, the legislature were obliged to depart from the provisions 
of the constitution. It was there directed that it should be called "The Great 
Seal of the Colony of New Jersey," but as the colony had become a Stale, a 
change was unavoidable. 



432 FIRST LEGISLATURE OF THE STATE UE NEW JERSEY. 

ccpt and example, encourage a spirit of economy, industry, and 
patriotism, and that public integrity and righteousness that cannot 
fail to exalt a nation ; setting our faces at the same time like a flint 
against that dissoluteness of manners and political corruption that 
will ever be the reproach of any people. May the foundation of 
our infant State be laid in virtue and the fear of God ; and the 
superstructure will rise glorious, and endure for ages. Then may 
we humbly expect the blessings of the Most High, who divides to 
the nations their inheritance, and separates the sons of Adam." 

The principal matters recommended by the Governor to the 
notice and care of the legislative bodies, were the ordering of 
measures relating to the war, especially the proper regulation of 
the militia ; and the permanent establishment of the seat of govern- 
ment at some convenient and suitable place. An address was 
afterwards made by the Assembly agreeing in sentiment and tone 
with that of the Governor; resolutions in relation to the particulars 
recommended to notice by his Excellency were adopted, and the 
necessary bills were prepared. 

The legislative bodies also proceeded to the appointment of 
other officers, in order to perfect the organization of government. 
John Dehart was chosen Chief Justice of the State, Samuel Tuck- 
er, Second Justice, and Francis Hopkinson, Third Justice; William 
Patterson was appointed Attorney General; Jonathan D. Sergeant, 
Clerk of the Supreme Court; Charles Petit, Secretary of State, 
and Richard Smith, Treasurer. 4 Provision was made for renew- 
ing and continuing the action of the judicial department, by pass- 
ing an act to confirm and establish the several courts of justice 
within the State. This act prescribed, that the several courts of 
law and justice should be confirmed and established and continue 
to be held, with like powers under the new government, as before 
the declaration of independence. 3 Several bills of importance 
which had been introduced, were pending at the time of adjourn- 
ment, which took place on the 8th of October, the houses adjourn- 
ing to meet at Burlington on the 1 3th of the following month. 



4 Richard Stockton at first received the appointment of Chief Justice, but de- 
clined serving. Sergeant also declined office, and the place was assigned to 

Bowes Reed. 

1 Patterson's Laws of New Jersey, p. 38. 



FIRST LEGISLATURE OF THE STATE OF NEW JERSEY. 433 

During the whole of this time, the gloom that enshrouded the 
fortunes of America, seemed constantly deepening. Other disasters 
followed upon the surrender of New York, and the American 
forces, unable to retain the posts on the Hudson, withdrew from 
that river into the heart of New Jersey, whither they were fol- 
lowed by the enemy. In consequence, New Jersey immediately 
became a principal sharer in the dangers and sufferings of the 
country, as well as in the efforts that were required, and were 
made, in resistance. 

The legislative bodies convened according to adjournment, on 
the 13th of October, and proceeded to the transaction of business. 
Attention was directed toward a further organization of the militia 
of the State, and furnishing the quota of troops required for the 
continental army. A bill for raising four battalions was passed, 
and the several officers were at once appointed. The houses also 
proceeded in joint meeting, to the appointment of delegates to 
the General Congress. The regulations formerly adopted by the 
Provincial Congress in regard to the number of representatives, 
were continued by the legislature, and it was resolved, that one 
or more of the delegates should he empowered to represent and 
vote in behalf of the State. 6 

But at an early period the action of the legislature was arrested. 
From the continued retreat of the American army through the 
State, and the rapid advance of the British, there was but little 
opportunity to prepare for action, or indeed to provide for safety, 
and the Assembly resolved, that it would "be necessary soon to 
rise and retire into their several counties to provide for the secu- 
rity thereof." Such provisional arrangements were therefore made 
for the support of the government as the circumstances of the time 
would allow, and on the 2d of December, the houses adjourned 
to the 18th of February next ensuing. The general situation of 
affairs throughout the State, had become in the mean time ex- 



6 The joint meeting took into consideration the necessity of choosing delegates 
to the Continental Congress, and upon the question as to the number, decided 
that five should be chosen. Richard Stockton, Jonathan D. Sergeant, Dr. John 
Witherspoon, Abraham Clark, and Jonathan Elmer, were appointed. 

Minutes of Joint Meeting of November ZOth, 1776. 
55 



434 FIRST LEGISLATURE OF THE STATE OF NEW JERSEY. 

tremely critical ; the number and force of the enemy were such, 
that those of the people who remained steadfast in their opinions 
and views, were almost overawed, and the disaffected and indif- 
ferent found the opportunity they had sought or awaited, for join- 
ing with the invaders. The British Commissioners too, to strength- 
en the advantages they had gained, put forth a new proclamation, 
in which all persons assembled in arms against his Majesty's go- 
vernment, were commanded to disperse and return to their houses, 
and all civil officers to cease from their practices ; and a full par- 
don was offered to those who should appear within a specified 
time before an officer of the Crown, claim the benefit of the offer, 
and subscribe a declaration acknowledging the royal authority. 
A number of the people of New Jersey, and among them, some 
of the principal men of the State, gave way to the temptation, and 
sacrificed patriotism to personal safety. But this was far from 
being the disposition of the mass of the people. There were 
timorous, and there were base and treacherous men, and these 
persons formed a class not inconsiderable in point of number. 
Yet a large majority of inhabitants held fast to the cause they 
had espoused, and most of the public officers continued in the 
discharge of their duties, so far as the circumstances of the time 
would permit. 7 At length, and fortunately, at no late period, a 
favorable crisis took place in the affairs of the country. The 
victories gained by Washington, at Trenton and Princeton, near 
the close of the year, aroused the hopes of the Americans as much 
as they surprised and disappointed the British. By these critical 
enterprises, the spirit of the country at large was restored, and 
the greatest relief was given to New Jersey, the possession of the 
State by the enemy being completely broken for the time. The 
action of the State authorities was immediately resumed. The 
legislative bodies were convened by a notification from the Speak- 
er, on the 22d of January, 1777. Trenton, the place to which 
the houses had adjourned, was yet scarcely sufficiently freed from 
the presence of the military, or the effects of military occupation, 
to render it a suitable situation for the meeting and action of the 

7 In the immediate course and vicinity of the victorious army, M civil govern- 
ment was unavoidably suspended for the time. 



FIRST LEGISLATURE OF THE STATE OF NEW JERSEY. 435 

houses, and they were therefore directed to convene at Pitts- 
town. 

The Governor opened the meeting by a message, in which he . 
expressed his feeling on account of the depredations and cruelties 
that had been perpetrated in the incursions of the enemy, but con- 
gratulated the houses on the important successes of the American 
arms at Trenton and Princeton. He declared that there was no 
reason to be dispirited in the contest, unless the people and govern- 
ment were wanting to themselves ; but he yet insisted that the utmost 
efforts would be required, and that as the legislature must be sensi- 
ble of the entire inadequacy of the existing militia laws, he recom- 
mended that no business of inferior moment should be allowed to 
postpone the action of the houses on that important subject. 

Before the business of the sitting was fairly entered upon, a 
rumor or an apprehension of new disturbances led to the adjourn- 
ment of the houses to a more remote situation, and accordingly 
they removed on the 29th, to Haddonfield, in the county of Glou- 
cester, where the session was continued. At an early period at- 
tention was directed to filling the places which had become vacant 
in the government. The Governor informed the houses that the 
Chief Justice of the State, Dehart, had refused to qualify in office, 
that another Justice, Tucker, in the recent period of danger, had 
taken a protection from the British, and that a third, Hopkinson, 
had declined to enter upon duty on account of his appointment to 
an office by the Continental Congress. 8 Robert Morris was ap- 
pointed Chief Justice ; Isaac Smith, Second Justice, and John 
Cleves Symmes succeeded to the place of Hopkinson. 

Much difficulty was experienced in framing the law in relation 

s Dehart had retired from the Continental Congress, of which he was a mem- 
ber, before the declaration of independence, and that circumstance, with his 
present refusal to enter upon office, caused him to be suspected of coldness to 
the American cause. Tucker was plainly deficient either in fidelity or firmness. 
He appeared in person before the joint meeting and offered his resignation, 
which was at once accepted. A few other public functionaries pursued a simi- 
lar course, and among them some of the members of the legislative bodies. One 
of the representatives from Essex, appeared in the Assembly, and informed the 
House that he had taken a protection, and desired leave to resign his seat. The 
Assembly resolved, that " no member having taken such protection is entitled to 
a seat in this House, and that the place of the member is vacated." 



436 FIRST LEGISLATURE OF THE STATE OF NEW JERSEY. 

to the militia. This subject had been for some time before the 
houses, and was now again pressed upon their notice by a mes- 
sage from the Governor, including a communication from the 
Commander-in-Chief. The latter earnestly recommended that 
every man capable of bearing arms should be compelled to turn 
out, and not buy off his service for a trifling sum. "We want 
men," he said, " and not money." The Governor fully concurred 
in these views. But so rigid a course, if proper in point of policy, 
at a time when a new government had but just been established, 
could not have been carried out into actual practice. Beside the 
difficulty of bringing the entire active population into military 
service, there were many persons in the State, who believed 
themselves to be forbidden to engage in war, or warlike measures, 
and whom no earthly consideration could have induced to violate 
their principles. The attempt to force these persons to a direct 
participation, would have been oppressive and unwise, and would 
also have been in vain. In the bill that was passed by the Assem- 
bly, the principle of composition was retained, the House not 
being disposed to proceed to the extent advised by the Com- 
mander-in-Chief, and by the Governor. Whilst the bill was still 
pending, strenuous exertions were made to effect an alteration. 
The Governor declared that it gave him " inexpressible anxiety 
that the bill provided for the commutation of personal service by 
pecuniary fines. Such a regulation," he said, " in times of actual 
invasion, would prove utterly incompetent and nugatory, and he 
recommended in the most importunate manner, that a law should 
be passed, exacting personal service, or that the delinquent should 
find another in his room." In a communication to the Governor, 
Washington also expressed his surprise, that an Assembly, " who 
were eye-witnesses to the distresses and inconveniences that have 
their principal source in the want of a well regulated militia, can 
hesitate to adopt the only remedy that can remove them, and 
stranger still, think of a law that must necessarily add to the load 
of confusion." But the bill was passed in its original form, only 
with an increase in the amount, and an extension of the application 
of the demand for pecuniary composition. The Governor expressed 
his great regret at the result.9 

9 General Putnam, who was then in command in New Jersey, inveighed 



FIRST LEGISLATURE OF THE STATE OF NEW JERSEY. 437 

The disappointment of the Governor in relation to the militia 
law, may have been somewhat relieved by the ready concurrence 
of the legislature in another measure proposed by his Excellency. 
In a message to the houses, he represented, that during the inva- 
sion of the State by an enemy, it was necessary, in order to a 
prompt and faithful execution of the laws, that a degree of au- 
thority should be exercised greater than was then committed to 
any persons or bodies in the State. He therefore recommended, 
that a body should be constituted, to consist of a President, Vice 
President, and a Council of twelve, (five of whom should consti- 
tute a quorum,) that they should be empowered to supply every 
vacancy in office occasioned by death, resignation, removal, or 
otherwise; officers so appointed to be removable by the legislature 
at their next meeting, without impeachment, but if not then re- 
moved, to be afterwards removable in the same manner as officers 
regularly appointed. That the body should also be authorized to 
correspond with the Congress, and with other States, and to trans- 
act business with all the officers of government, and to prepare 
business to lay before the Assembly ; to apprehend all persons 
suspected of dangerous designs against the State, and to commit 
them to an)' prison, taking an account of the charges against them ; 
to cause the laws to be faithfully executed ; to recommend the 
Speaker to call together the General Assembly when necessary ; 
and to call out so many of the militia of the State as should be 
required to aid in carrying their orders into execution, according 
as the exigency of affairs might demand. These powers were to 
be exercised for the period of six months, unless sooner withdrawn 
by the legislature. The recommendation of his Excellency was 
considered by the houses, and was substantially adopted. A law 
was passed for investing the Governor and a Council of twelve 



strongly against pecuniary compositions. He declared that he detested the 
practice of admitting it, and also, (as members of society,) the sect for whom it 
was introduced. He also gave orders which infringed upon the laws in this 
respect. But Governor Livingston, though he disapproved the laws, was op- 
posed to their violation, and represented the case to the Commander-in-Chief, 
who interposed his authority ; and Putnam also said, that he was far from wish- 
ing to counteract any decree of the State, " however absurd." 



438 FIRST LEGISLATURE OF THE STATE OF NEW JERSEY. 

(the Council to be selected out of the legislative bodies,) with the 
authorities and powers expressed in his Excellency's message, to 
be exercised for the space of six months, unless sooner revoked. 10 
The bill for the support of the government, which had long been 
pending, was passed at this sitting, and became a law. It gave to 
his Excellency the Governor, six hundred pounds per annum, to 
the Chief Justice, three hundred, the third Justice, two hundred, 
and the Attorney Genera], forty pounds. Each delegate in Con- 
gress was to receive twenty shillings a day, each member of 
-Council, ten shillings, and each member of the Assembly eight 
shillings. 

To devise means to meet the necessary expenses that were in- 
curred in the maintenance of the civil and military establishments, 
became a subject of early and earnest attention. The State au- 
thorities were not disposed to a further resort to the expedient of 
issuing bills, 11 and the period was not thought favorable for in- 
creased taxation. Yet the demands upon the treasury were con- 
stantly increasing. The difficulty was also augmented in con- 
sequence of the imperfection in the relations or arrangements 
between the Continental and State authorities, in reference to finan- 
cial concerns. The Continental Congress, as has been seen, had 
issued bills, pledging the faith of the United States for their re- 
demption, though relying upon the several Slates for the means 
of fulfilling the engagement. The amount thus issued, constituted 
a fund for carrying on the war, and was held and controlled for 
this purpose by the Congress ; and that body having the control 
of the general operations of the war, as well as of the funds, would 
seem to have been the most proper authority for making disburse- 
ments. Yet the military raised in the several States, and engaged 
in the Continental service, returned to the governments of the 
States for the payment of their dues. Such at least was the case 

10 The powers committed to this body were great, and nothing bat the " exi- 
gency of affairs," and the limited period of its duration, could have justified the 
grant. 

11 There were bills not yet redeemed, that had been issued by the Legislature 
of the colony, and also by the Provincial Congress. These were recognized as 
State currency ; were commonly termed " Old Money." 



FIRST LEGISLATURE OF THE STATE OF NEW JERSFA\ 439 

in New Jersey. This subject received the attention of the legis- 
lative bodies at the present sitting, and they resolved, " that for 
want of a proper mode of paying the militia that have been called 
out in the Continental service, many inconveniences have arisen, 
and are daily increasing, and that the Governor be directed to 
apply to the Honorable the Continental Congress and desire that 
they will be pleased to give directions for payment, and to establish 
some mode for regular payment in future." But the difficulty was 
not removed, and clamorous demands were afterwards made upon 
the State authorities. It was therefore again resolved, that the 
Governor should be requested to apply to Congress on the subject, 
and to urge that some expedient should be adopted for meeting the 
demands of the soldiery. But with a view to the speedy relief of 
the applicants, the delegates of the State in Congress were instructed 
to obtain from that body the sum of one hundred thousand pounds, 
to be used according to a mode directed, for the payment of the 
troops. 12 The increased demands upon the treasury were also met 
in part by a different expedient. A bill was passed for delaying 
the sinking of the respective quotas of the sinking fund tax for the 
years 1776 and 1777, and applying the same towards furnishing 
magazines of arms and stores. 

The next sitting of the legislature (which was also held at Had- 
donfield,) began after a short recess, on the 7th of May, 1777. 
Measures were then adopted for the better protection of the well 
affected citizens of the State, against the designs of the enemy, and 
for the punishment of those who should be guilty of defection. The 
British still lingered at some points within the State, and were in 



12 At a subsequent period, the depreciation of the Continental money rendered 
it impossible for Congress fully to meet their engagements. But at this time, 
(the beginning of the year 1777,) but about twenty millions had been issued, 
and the bills were mostly received at par. The embarrassment that began to 
occur in their circulation, did not excite alarm, as it was attributed to causes 
which it was supposed might be controlled by legislation, and Congress enacted 
a law declaring that whoever in any purchase or sale, should rate gold or silver 
coin higher than the Continental bills, ought to be deemed an enemy to the 
country. And at this sitting, the Legislature of New Jersey passed an act " for 
preventing disaffected and evil minded persons from destroying the credit and 
reputation of the Continental bills of credit." 



440 FIRST LEGISLATURE OF THE STATE OF NEW JERSEY. 

force in New York, and they pursued a course of irritating hostility, 
suited rather to die arts of banditti, than to the movements of regu- 
larly appointed military forces. Their adherents in the State were 
incited to watch for individuals, and several persons of distinction 
were kidnapped and carried off, and rewards were set upon the 
heads of particular officers. Governor Livingston remarked, that 
" they were resolved to contaminate the British name by every 
species of infamy, rather than abandon their purpose of enslaving a 
free and unoffending people." To arrest this practice, a bill was 
prepared in the legislature empowering the Governor and Council 
ot safety to apprehend and imprison such and so many persons 
known to be disaffected to the State, as might be thought sufficient 
to induce the enemy to release such of the citizens as had been 
kidnapped and carried off. Other measures of a vigorous character 
were adopted in reference to " traitors and disaffected persons." 
The Governor and Council of Safety were authorized to arrest and 
imprison all suspicious or suspected individuals, and an act was 
passed confiscating the personal estates of such as had deserted to 
the British, giving them, however, a period of grace in which they 
might return, and claim and take possession of their property, and 
receive full pardon, upon renewing their allegiance to the State. By 
this measure, many who had become sensible of their error, or were 
disappointed in the reception they had received, were reclaimed, and 
restored to citizenship. 

Events of much importance to the country at large were oc- 
curring at this period. The Americans had been greatly in- 
spirited by the successes in New Jersey, and the hopes that 
arose in consequence, together with the indignation excited by 
the outrages of the English, had brought an important augmenta- 
tion to the forces of Washington. 13 But a movement from which 



13 The conduct of the Britisli in New Jersey tended, in a great degree, to ex- 
cite and confirm opposition. The peaceful and unresisting were plundered and 
abused, and the most wanton and cruel injuries were inflicted ; and with a 
strange disregard to good policy, as well as good faith, no favor was shown even 
to those who had received written protection from the British. " The Hessians," 
says Gordon, " would not understand, and the British soldiers deemed it a foul 
disgrace that the Hessians should be the only plunderers." Universal indigna- 
tion was thus aroused. 



FIRST LEGISLATURE OF THE STATE OF NEW JERSEY. 441 

much was expected by the British, was in progress; the plan 
already noticed for dividing- the States by establishing a line from 
Canada to New York, had partially succeeded, and its final comple- 
tion was earnestly sought. The principal direction of this scheme 
was committed to General Burgoyne; he was now advancing from 
the north, and had succeeded in taking Ticonderoga, and forcing 
his way to the Hudson. But he had arrived in the midst of a 
hostile country, where it was difficult to retreat or to advance, and 
where supplies could only be obtained by difficult and hazardous 
operations, and a detachment of his army which had been sent 
out to seize upon a quantity of provisions at Bennington, was 
met and defeated by a body of American troops under General 
Stark. This event, which took place on the 15th of August, 
(1777,) together with others that quickly followed, rendered the 
situation of the British Commander extremely critical, and the at- 
tention of all parties was earnestly directed toward the movements 
at that point. At this juncture, the Legislature of New Jersey again 
convened after a recess extending from the 7th of June to the 3d 
of September. 14 On the 8th, the Governor addressed the houses; 
he congratulated them on the success of the American arms at 
Bennington, which he said reflected the brightest lustre on the 
officers and men, and gave the greatest encouragement to a con- 
tinuance in strenuous efforts. Several matters of pressing im- 
portance were" recommended to the notice of the houses; his 
Excellency advised that measures should be taken to meet the 
debts of the State, which he said would be severely felt, unless 
seasonably discharged, and that an enactment for sinking a portion 
by tax, should directly be passed. He again brought forward the 
subject of the militia laws, and strongly insisted upon a change in 
their provisions ; he also recommended that a modification should 
be made in the law prescribing the punishment for high treason. 13 



14 They again convened at Haddonfield, but on the 24th adjourned to meet 
on the 29th at Princeton. 

15 Under the constitution, the crime in question could only be committed 
against the colony, and not against the State, and hence the State courts could 
not consistently pronounce a judgment in proper form. Beside this, the exist- 
ing law allowed, or required the dismemberment of the criminal, which was 

5 b" 



442 FIRST LEGISLATURE OF THE STATE OF NEW JERSEY. 

A renewal of the acts constituting the Council of Safety was also 
recommended, the period for their continuance being nearly ex- 
pired. These several particulars received the attention of the 
legislative bodies. But the recommendation of the Governor in 
regard to provisions for the State debt, was not fully acceded to. 
Resolutions were adopted by both houses, directing the Governor 
to call in the arrearages due from the counties on account of the 
sinking fund tax, and that the sinking of the bills should be de- 
ferred, and the amount be applied to meet the present demands. 
A bill was also prepared to raise a fund by general taxation for 
defraying the necessary expenses of the State, but after protracted 
consideration, it was deferred to the ensuing session of the As- 
sembly. An enactment was passed for continuing the Council of 
Safety, and in addition to their other duties and powers, they were 
authorized to give relief to such officers and privates of the militia 
as had been disabled in the service of the State, and to the widows 
of such as had fallen; this was to be done in such manner as the 
Council should deem equitable and necessary, and they were to 
draw upon the treasury for the amount so expended. A law was 
also passed to ascertain the punishment for high treason. It pre- 
scribed that when any one should be convicted, the sentence 
awarded, so far as respected the corporeal punishment of the 
offender, should be the same as in cases of murder; and that all 
commissions and writs which by the constitution were required 
to run in the name of the colony, should run in the name of the 
State. 10 An act was passed explaining and amending the militia 
law, 17 and provision was made for bringing the forces of the State 
into effective service. The houses then rose and the session was 
closed. 

Thus terminated the action of the first Legislature of the State. 
It had existed during a period of the greatest difficulty and danger; 
for a great portion of the time the State was overrun by a hostile 



represented by the Governor as "so shocking and sanguinary, as the humanity 
of an American legislature cannot be presumed to have intended." 

"■ P.aterson's Laws, p. 38. By this act the provisions of the constitution were 
again unavoidably contravened. 

11 The general features of the law do not appear to have been changed. 



FIRST LEGISLATURE OF THE STATE OF NEW JERSEY. 443 

force ; the government was new and untried ; and many of the 
citizens, and some of the public functionaries, proved fearful or 
unfaithful, and made their peace with the enemy. With a few 
exceptions, the members of the legislative bodies stood firm ; they 
continued, notwithstanding frequent interruptions, in the discharge 
of their duties, and by their steadiness, together with the energy 
and determination of the Governor, order was preserved in the 
State, and its means and strength were directed in maintaining the 
cause of the country. 



CHAPTER XXII. 



SECOND LEGISLATURE. ARTICLES OF CONFEDERATION. FINANCIAL 

MEASURES. 

The new Legislature which was chosen on the 14th of October, 
met according to law, on the 28th of the same month, 1777. The 
houses were organized by the appointment of the former officers, 
John Stevens being chosen Vice President of Council, and John 
Hart, Speaker of the Assembly. On the 1st of November, William 
Livingston was unanimously re-elected, in joint meeting, to the 
office of Governor. 1 Events of an important but varied character 
were now taking place. The critical situation of Gen. Burgoyne, 
has already been noticed. This officer had found it impossible to 
extricate himself from the situation in which he was placed, and 
on the 18th of October, his entire army was surrendered. Soon 
afterwards, the garrison at Ticonderoga returned to Canada, and 
not a foe remained in the northern portion of the union. But oc- 
currences less favorable were passing in another direction. Whilst 
the movements in the north were in progress, Admiral and Lord 
Howe had entered upon an attempt against Philadelphia, the cap- 
ture of which place, together with the expected success of Bur- 
goyne's expedition, would, as was supposed, ensure the subjection 
of the country. The Commanders approached their object by a 
circuitous course ; the forces leaving New York were conducted by 
sea, advancing up the Chesapeake and landing at the head of the 



1 On the 20th, the joint meeting elected five delegates to the Continental 
Congress, viz: John Witherspoon, Abraham Clark, Jonathan Elmer, ]\athaniel 
Scudder, and Elias Boudinot. It was said that the representation was made to 
consist of five, in order to give some relief to the members in their attendance, 
and that the State might not be put to unnecessary expense but three were to 
attend at the same time. 



SECOND LEGISLATURE. 445 

River Elk. 2 Their progress was resisted by Washington, at Bran- 
dy wine, but without effect, and on the 26th of September, a detach- 
ment of the British army, under Cornwallis, entered the American 
Capital. Congress retired to Lancaster, whilst Washington con- 
tinued to hover in the vicinity of the enemy. In the Capital, as 
on the banks of the Hudson, the British found themselves strait- 
ened for want of supplies; hence their necessities, as well as their 
enmities, led them to frequent incursions into the neighboring 
country, and New Jersey being most exposed, was thus rendered, 
once more, the theatre of hostile movements. 3 Such was the state 
of affairs at the time of the meeting of the legislative bodies. Be- 
side the presence of an enemy in the country, an evil of a different 
kind began to appear, and to be felt. The "sinews of war" began 
to be weakened. The money issued by the Continental Congress 
had hitherto served to enable the General, and the State authorities 
to carry on their operations ; but the process of depreciation had 
now commenced, and quickly became a source of most serious 
difficulty. The bills had already declined in value nearly one- 

2 The undertaking against Philadelphia would probably have been made 
through New Jersey, but the strong position of Washington, and the general 
movement of the militia of the State in his support, prevented the attempt. 

3 Washington being established in Pennsylvania, near Philadelphia, in' er- 
cepted supplies from that direction, and Congress also declared the penalty of 
death against any who should furnish provisions to the enemy. They were 
thus obliged to depend upon a communication with their fleet by the Delaware, 
and the efforts of strong detachments in directions that were least protected. 
New Jersey, praticularly its lower portion, as being in the vicinity of Philadel- 
phia, as the seat of some of the works obstructing the Delaware, and as being 
destitute of a commanding force for its defence, was particularly exposed to at- 
tack, and suffered accordingly. On the 22d of October, a body of Hessians un- 
der Count Donop, marched down the Jersey shore and advanced against Fort 
Mercer, situated at Red Bank, on the Delaware. But the attempt entirely failed, 
and the Commander was mortally wounded. During the succeding months, 
several detachments were sent into the lower counties, where the greatest in- 
juries and outrages were committed; the fidelity of the people and of the militia 
was tested by offers of pardon and protection, as well as by proposals of full 
payment for cattle and forage, and by threats of vengeance against those who 
should resist, or incite to resistance. The temptations, however, except in a few 
instances, were offered in vain, and the attempts at punishment were met by 
vigorous opposition. 



446 SECOND LEGISLATURE. 

half. At an early period, Governor Livingston directed the atten- 
tion of the legislative bodies to this subject. Ho stated that the 
Continental money had fallen in value below the bills of the State, 
and of the neighboring States, and that the former were frequently 
exchanged at a loss for the latter. He was inclined to attribute 
this depreciation to the evil offices of the enemies of the country, 
and characterized the exchange above mentioned as an "infamous 
traffic." He recommended for the purpose of checking it, that 
the State bills should be called in and exchanged for Continental 
money, and that the passage of the former should be entirely pro- 
hibited after a specified time, or if this expedient should not be 
approved, that a heavy fine should be imposed upon those who 
should be concerned in such exchanges. A similar recommenda- 
tion was soon afterwards made by Congress. But no penal re- 
gulations could long suffice to maintain the circulation of money 
that had been issued without any such provision as would ensure 
its redemption. Congress had no means of sinking the amount; 
they had made engagements by the issue of bills, relying upon the 
States to redeem the amount apportioned to them respectively; 
but as yet, little evidence had been given that the States would be 
ready, or able to meet the obligation. At the same time that the 
resources of the country were becoming doubtful, its necessities 
were increasing. The army was in the most-destitute condition. 
Governor Livingston represented to the legislature that the Jersey 
troops in the Continental service were in want of clothing of every 
kind, and that unless some steps should directly be taken to sup- 
ply them, they would be unable to keep the field. That the 
Clothier General found it impossible to procure supplies, and it 
was incumbent upon the different States to contribute to their aid. 4 

4 The situation of the troops at this time, and during the subsequent winter, 
whilst they lay at Valley Forge, was truly deplorable. By their resolute en- 
durance they were enabled to keep up the appearance of threatening the enemy, 
who fortunately were ignorant of their real condition, but large numbers were 
totally unfitted for active service. The Legislature of New Jersey made as early 
and as full provision as was possible for the relief of their troops. A law was 
passed for procuring articles of clothing and furnishing them to the regiments. 
Such supplies were afterwards continued according to the urgent recommenda- 
tions of Congress, and a special arrangement was made for the purpose. 



SECOND LEGISLATURE. 



447 



"A man of sensibility," he said, "cannot but feel for brave men, 
fighting for their country at an inclement season, many of them 
without shoes, stockings, warm clothing, or even blankets to lie 
on." Further provision was also required for the increasing 
numbers of the soldiery who were sick and disabled, and for as- 
sisting their families. Aid was likewise demanded for a class of 
sufferers of a different description; numbers of the citizens of the 
State had been carried off by the enemy, and were - thrown into 
prisons in New York, or elsewhere, and left in a state of the 
greatest destitution, and such persons not being considered as 
prisoners of war, did not come within the immediate notice of the 
Commissary General of Prisoners. It was regarded as the duty 
of the State, as well as demanded by humanity, that some provi- 
sion should be made for persons so unfortunately circumstanced. 
A special commissioner was therefore appointed 5 to furnish flour 
and fuel for their use, to be appropriated to the objects under the 
care and direction of the Commissary General of Prisoners. 

The measures of the legislature were directed to provide the 
means for supplying these various demands. Notwithstanding 
the depreciation of the Continental money, the confidence, or the 
hopes of legislators as to the soundness of this currency, together 
with the necessities of the times, led to a continued resort to its use, 
and it was hence resolved, that application should again be made to 
Congress for a sum sufficient to discharge the amount due to the 
military, in the Continental service. An enactment, better calcu- 
lated to give permanent relief, was also agreed to; the bill of the 
former session, to raise a fund by taxation for discharging the 
debts and defraying the expenses of the State, was again taken 
up, and after some delay, was finally passed. For the purpose 
ot improving the finances, (as well as a measure of public justice,) 
a law was passed for taking possession of the property, both real 
and personal, of such individuals as should leave the State and 
join themselves to. the enemy. Congress had recommended that 
the estates of all persons who had forfeited their right to protec- 
tion, should be confiscated and sold; but the legislature pursued a 
more lenient course; the law now passed made provision for taking 



Abraham Van Neste, Esq. 



448 SECOND LEGISLATURE. 

possession of, and leasing the real estate, and that the personal 
properly only should be forfeited. 6 

Whatever difficulty might be experienced by the States, or by 
any State, in their struggle, no change was made in the temper 
of the people; they were still resolved to persist in their course. 
For the better prosecution of their purposes, a more perfect union 
among the States was considered desirable, and with this view a 
plan was devised and adopted by Congress ; it was agreed to on 
the 15th of November, 1777. By this system, the thirteen States 
were to form a confederacy under the style and name of the 
"United States of America;" all the States to assent thereto by 
their legislatures, with instructions to their delegates in Congress 
to ratify the same. 

The tenacity of purpose which was thus exhibited by the 
Americans, together with the actual success they had gained, were 
productive of results beyond those that were exhibited in their 
domestic affairs ; it won them a character abroad. The capture 
of Burgoyne, the determined opposition to Howe, and the earnest 
pursuit of their aims, demonstrated the energy and ability of the 
people of the States, and their firm determination to maintain in- 
dependence. In consequence, those nations whose assistance and 
favor had been hitherto withheld, or but cautiously and covertly 
given, were stimulated to open engagements. France especially, 
the ancient enemy of England, had been earnestly watching the 
contest, and only awaited the moment when prudence would war- 
rant her in joining therein. The occurrences just noticed decided 
the course of the court. On the 16th of December, the American 
Commissioners already at Paris, were informed, by order of the 
King, that his Majesty had determined to recognize the indepen- 
dence of the United States of America, and to conclude a treaty 

s At the next session of the Assembly a still more rigid enactment was made; 
an act was passed for forfeiting and vesting in the State the real estates of certain 
fugatives and offenders, satisfying the lawful debts and demands against them. 
All persons who had aided and assisted the enemies of the State or of the 
United States, by joining their armies within the State or elsewhere, or who 
had voluntarily gone to, or taken refuge, or continued with, or endeavoured to 
continue with the enemy, and aid them by council, or otherwise, were included. 

Patertson's Laws, p. 40. 



SECOND LEGISLATURE. HI) 

of alliance and commerce with them, and that he would not only 
acknowledge their independence, but would actually support it by 
every means in his power. 17 

These important matters were brought before the present legis- 
lature of New Jersey. The "articles of confederation and per- 
petual union between the States," were submitted to the Assembly 



1 According to the principles of the family compact between France and Spain, 
the latter was to be consulted before the agreement made by France could be 
fully concluded, and the concurrence of the Spanish court was accordingly so- 
licited. But Spain refused her assent at the time. Notwithstanding this, the 
French King persisted, and on the 6th of February, 1778, a treaty of commerce 
was signed by Franklin, Deane, and Lee, on the part of the United States, and 
by M. Gerard on the part of France, together with a treaty of defensive alliance 
in case war should be the consequence. The conclusion of the treaty with 
France, with the events that had led to that measure, produced a powerful im- 
pression in England. " When the account of the treaties of the 6th of February 
had reached Whitehall," says Laurens, "administration were perplexed, they 
were stunned ; Lord Mansfield, in tears, applied to Lord Camden, as a good 
man, to interpose for the salvation of the country." An attempt soon followed 
to effect a reconciliation with America. Even before the conclusion of the 
French treaty was known, conciliatory bills had been introduced into Parlia- 
ment, and whilst pending there, were sent to the United States; soon afterwards 
these bills were passed, and three Commissioners, the Earl of Carlisle, Governor 
Johnston, and Mr. Eden, were appointed to visit America. They were to en- 
deavour to procure the acceptance of the proposals made by the Ministry, and 
to counteract what was called the "insidious interposition" of France. The 
Commissioners resorted to every means, and some not of the most honorable 
character, to effect their purpose. But though the oilers that were made were 
such as might once have been accepted, they came loo late. The Ministry 
were willing to allow the demands of the Americans, provided they would re- 
turn to their former state, and acknowledge allegiance to England. But since 
ihe recent events, especially the alliance with France, Congress and the people 
considered themselves secure of independence, and the Commissioners were in- 
formed, that any acts or proposals founded on the idea of dependence were 
wholly inadmissible, and that the only solid proof of a desire for reconciliation 
and peace, would be an acknowledgement of the independence of the States, 
and (be. speedy withdrawal of all hostile forces. To this decisive declaration, 
the Commissioners made but an evasive reply, and their exertions terminated 
with an offer of pardon to all persons who should, within forty daj , withdraw 
from the civil or military service of the State.-, and continue good and peaceable 
subjects of the British King, an oiler which none were now disposed to accept. 
57 



150 SECOND LEGISLATURE. 

on the 4th of December, 1777, with an address from Congress 
recommending immediate attention thereto. The adjournment of 
the bodies soon afterward, prevented direct compliance, but on 
the meeting of the houses, early in February, their attention 
was again directed to the subject, and on the 26th the articles 
were read and entered on the journals. On the 29th of May, in- 
formation of the treaty with France was communicated to the 
houses by the Governor. "I heartily congratulate you," he said, 
" on the agreeable news from France. As we were at first com- 
pelled into a declaration of independence, it was the highest wis- 
dom to solicit a suitable alliance for its security and support; to 
both these measures we may appeal to the whole world, that we 
were driven by a tyrannical King, a venal Parliament, and a 
flagitious Ministry. We want now," he said, "but one spirited 
and general effort to expel the remnant of banditti from the Conti- 
nent, and forever emancipate ourselves into complete and uninter- 
rupted liberty." The "spirited and general effort" was not 
delayed. Earnest exertions were made by Congress and the 
States, and the new allies were not lacking in giving their sup- 
port. The treaty with the French did not prove a mere empty 
agreement; not long after its completion, a Minister (M. Gerard,) 
was sent to America, accompanied with a powerful fleet. The 
immediate object of the naval force was to shut up the Delaware, 
and thus not only to intercept the British fleet, but to cut off sup- 
plies from the army at Philadelphia. But the armament did not 
arrive until some days after the departure of the English army 
and fleet. Secret orders had been given for the evacuation of 
Philadelphia, and on the 18th of June, Clinton (who had suc- 
ceeded Howe in command,) departed for New York, proceeding 
across New Jersey. Washington immediately followed, and com- 
ing up with the enemy at Monmouth, a severe engagement en- 
sued. The result was not decisive, but it was followed by a more 
rapid movement of the English, who soon afterwards passed into 
New York, and Washington took post on the Hudson. 

The consideration of the articles of union between the States, 
was yet pending; as already noticed, the plan had been submitted 
io the legislature of New Jersey, and on the 25th of March, com- 
mittees of the two houses were appointed to consider and make 



ARTICLES OF CONFEDERATION. 451 

■•eport thereon. A report which was characterized by much ability 
was made by the joint committee on the 15th of June. Several 
objections to the plan were stated and presented at length. The 
committee said: 

"1. That in the fifth article, where, among other things, the 
qualifications of the delegates from the several States are described, 
there is no mention of any oath, test, or declaration, to be taken 
or made by them previous to their admission to seats in Congress. 
It is indeed to be presumed that the respective States will be care- 
ful that the delegates they send to assist in managing the general 
interests of the Union, take the oaths to the government from which 
they derive their authority; but as the United States, collectively 
considered, have interests as well as each particular State, we are 
of opinion that some test or obligation binding each delegate, while 
he continues in the trust, to consult and pursue the former as well 
as the latter, and particularly to assent to no vote or proceeding 
which may violate the general confederation, is necessary- The 
laws and usages of all civilized nations evince the propriety of an 
oath on such occasions, and the more solemn and important the 
deposite, the more strong and explicit ought the obligation to be. 

"2. By the sixth and ninth articles, the regulation of trade 
seems to be committed to the several States, within their separate 
jurisdictions, in such a degree as may involve many difficulties 
and embarrassments, and be attended with injustice to some States 
of the Union. The committee are of opinion that the sole and 
exclusive power of regulating the trade of the United States with 
foreign nations, ought to be clearly vested in the Congress, and 
that the revenue arising from all duties and customs imposed 
thereon, ought to be appropriated to the building, equiping, and 
manning of a navy for the protection and defence of the coasts, 
and to such other public and general purposes as to the Congress 
shall seem proper, and for the common benefit of the States. 
This principle appears to us to be just, and it may be added, that 
a great security will by this means be derived to the Union from 
the establishment of a common and mutual interest. 

"3. it. is wisely provided in the sixth article, that no body of 
forces shall be kept up in any State, in time of peace, except such 
number only as. in the judgment of »he United Stater- in Congress 



152 ARTICLES OF CONFEDERATION. 

assembled, shall be deemed requisite to garrison the forts neces- 
sary for the defence of such State. We think it ought also to be 
provided and clearly expressed, that, no body of troops be kept 
up by the United States in time of peace, except such number 
only as shall be assented to by nine of the States. A standing 
army, a military establishment, and every appendage /hereof, in 
time of peace, is totally abhorrent from the ideas and principles 
of this State. In the memorable act of Congress, declaring the 
United Colonies free and independent States, it is emphatically 
mentioned as one of the causes of separation from Great Britain, 
that the Sovereign thereof had 'kept up among us, in time of 
peace, standing armies, without the consent of the legislatures.' 
It is to l)e wished the liberties and happiness of the people may, 
by the confederation, be carefully and explicitly guarded in this 
respect. 

"4. In the eighth article, we observe, that as the frequent set- 
tlements of the quotas for supplies and aids to be furnished by the 
several States in support of the general treasury will be requisite, 
so they ought to be secured. It cannot be thought improper or 
unnecessary to have them struck once at least in every five years, 
and oftener if circumstances will allow. The quantity or value 
of real estate in some States, may increase mjych more rapidly 
than in bthers,^ind therefore the quotas which are at one time just, 
will at another be disproportionate. 

• "5. The boundaries and limits of each State ought to be fully 
fixed and made known.- This we apprehend, would be attended 
with very salutary effects, by preventing jealousies as well as con- 
troversies, and promoting harmony and confidence among the 
States. If the circumstances of the times would not admit of this. 
previous to the proposal of the confederation to the several States, 
the establishment of the principles upon which, and the rule and 
mode by which the determination may be conducted, at a time 
more convenient and favorable, and a provision for despatching 
the same at an early period, not exceeding five years from the 
final ratification of the confederation, would be satisfactory. 

"6. The ninth article provides, that no State shall be deprived 
of territory for the benefit of the United States. Whether we are 
to understand that by territory is intended any lands, the property 



ARTICLES OF CONFEDERATION. 453 

of which was heretofore vested in the Crown of Great Britain, or 
that no mention of such lands is made in the confederation, we 
are constrained to observe that the present war, as we always ap- 
prehended, was undertaken for the general defence and interest 
of the confederating colonies, now the United States. It was ever 
the confident expectation of this State, that the benefits arising 
from a successful contest were to be general and proportionate, 
and that the property of the common enemy, falling in conse- 
quence of a prosperous issue of the war, would belong to the 
United States, and be appropriated to their use. We are there- 
fore greatly disappointed in finding no provision made in the con- 
federation for empowering the Congress to dispose of such pro- 
perty, but especially of the vacant and unpatented lands, commonly 
called the Crown lands, for defraying the expenses of the war, 
and for other such public and general purposes. The jurisdiction 
ought, in every instance, to belong to the respective States, within 
the charter or determined limits of which such lands may be 
seated; but reason and justice must decide, that the property 
which existed in the Crown of Great Britain previous to the 
present revolution, ought now to belong to the Congress, in trust, 
for the use and benefit of the United States. They have fought 
and bled for it in proportion to their respective abilities, and there- 
fore the reward ought- not to be predilectionally distributed. Shall 
such States as are shut out by situation from availing themselves 
of the least advantage from this quarter, be left to sink under an 
enormous debt, whilst others are enabled, in a short period, to re- 
place all their expenditures from the hard earnings of the whole 
confederacy. 

"7. The ninth article also provides that the requisitions for 
land forces to be furnished by the several States, be proportioned 
to the number of white inhabitants in each. In the act of inde- 
pendence we find the following declaration, 'we hold these truths 
to be self-evident, that all men are created equal; that they are 
endowed by their Creator with certain inalienable rights, among 
which are life, liberty, and the pursuit of happiness.' Of this 
doctrine, it is not a very remote consequence, that all the inhabi- 
tants of every society, lie their color or complexion what it may, 
are bound to promote the interests thereof, according to their re- 



454 ARTICLES OF CONFEDERATION. 

spective abilities. They ought therefore to be brought into the 
account on this occasion. But admitting necessity or expediency 
io justify the refusal of liberty in certain circumstances, to persons 
of a particular color, we think it unequal to reckon nothing upon 
such, in this case. Should it be improper, for special local reasons 
to admit them in arms for the defence of the nation, yet we con- 
ceive that the proportion of the forces to be embodied ought to be 
fixed according to the whole number of inhabitants in a State, 
from whatever class they may be raised. If the whole number 
of inhabitants in a State, whose inhabitants are all white, both 
those who are called into the field and those who remain to till 
the ground and labor in the mechanic arts, and otherwise, are 
reckoned in the estimate for striking the proportion of forces to be 
furnished by that State, ought even a part of the latter description 
to be left out in another? As it is of indispensable necessity in 
every war that a part of the inhabitants be employed for the uses 
of husbandry and otherwise at home, while others are called into 
the field, there must be the same propriety that persons of a dif- 
ferent color who are employed for the same purpose in another, 
should be reckoned in the amount of the inhabitants in the present 
instance. 

"8. In order that the quota of troops to be furnished in each 
State on occasion of war, may be equitably ascertained, we are of 
opinion that the inhabitants of the several States ought to be 
numbered as frequently as the nature of the case will admit, and 
at least once every five years. The disproportionate increase in 
the population of different States, may render such provision 
absolutely necessary. 

"9. It is further provided in the ninth article, that the assent of 
nine States, out of the thirteen, shall be necessary to determine in 
sundry cases of the highest concern. If this proportion be proper 
and just, it ought to be kept up should the States increase in 
number, and a declaration thereof made for the satisfaction of the 
Union." 8 



"This report was signed by order of thejoinl committee, by Stephen Crane 
of the Council, and Peter Tallman, of (lie House of Assembly. 

I otes, vol. 5, p. 146. 



ARTICLES OF CONFEDERATION. 455 

After the reading of the report, new committees were appointed 
to draw up a representation to Congress on the subject, and on 
the 16th of June a draught of such representation was presented; 
embracing with slight alterations the report of the former com- 
mittee ; it was adopted by the houses, and was ordered to be im- 
mediately forwarded to Congress. The representative bodies 
stated that " we think it our indispensable duty to solicit the at- 
tention of Congress to these considerations and remarks, and to 
request that the purport and meaning of them be adopted as a part 
of the general confederation ; by which means we apprehend the 
mutual interests of all the States will be better secured and pro- 
moted, and that the legislature of this State will then be justified 
in ratifying the same." The question was taken in Congress 
whether the purport and meaning of the several amendments pro- 
posed by New Jersey should be admitted as a part of the confed- 
eration, and was decided in the negative, three States in the affir- 
mative, six in the negative, and one divided. The amendments 
proposed by other States were also negatived. In July (1778,) a 
form of ratification was adopted in Congress, and the articles were 
signed by the delegates of all the States except New Jersey, Dela- 
ware, and Maryland. A letter was sent to these States urging 
their attention to the subject. On the 14th of September this letter 
was laid before the legislature of New Jersey by the Governor. 
His Excellency remarked that it was of the highest importance, 
that the confederation should be ratified by all the States with all 
convenient despatch, and he was happy that no obstruction had 
been given on the part of this State, except that which arises from 
certain objections to some of its articles, of which that against the 
unequal appropriation of the lands lately called Crown lands, ap- 
pears of too great moment to the interest of the people of the State 
to give up. He could not conceive that the "patriotism and good 
sense" of the State required the legislature to instruct the dele- 
gates to ratify the confederation, trusting to future deliberations to 
make such alterations and amendments as experience may show 
to be expedient and just, while the patriotism and integrity of 
the present Congress deferred that justice, which it was in their 
power instantly to grant, to a future Assembly, concerning whose 
alterations and amendments no certain conclusion could be formed. 



156 FINANCIAL MEASURES. 

Committees were again appointed in the two houses to take into 
consideration the propriety of instructing the delegates in Congress 
to sign and ratify the articles as they stood, and on the 25th of 
September they reported that, in their opinion, it was not expe- 
dient under existing circumstances to give such authority or in- 
struction, which report was agreed to. Before further action was 
taken upon the subject the houses rose and the session terminated. 

A new legislature was elected at the time prescribed by law, and 
convened at Trenton on the 27th of October, 1778. The organiza- 
tion of the houses was effected by the appointment of the former 
officers, and William Livingston was chosen again to the office of 
Governor. The subject of the articles of confederation was taken 
up by the new bodies, a letter having been written by Congress 
urging renewed attention thereto. The houses resolved themselves 
into committees of the whole and acted jointly upon the subject, 
and the joint committee finally resolved and reported " that not- 
withstanding this committee veiw with concern the terms of the 
articles of confederation between the several States ; and notwith- 
standing the objections lately stated and sent to Congress on the 
part of this State, are founded in justice and equity, and several 
of them of the most essential moment to the interest thereof; yet, 
maturely considering the urgent necessity of acceding to the con- 
federacy; that every separate and detached State interest ought to 
be postponed to the public good ; and firmly relying that the can- 
dor and justice of the several States will, in due time, remove the 
inequality which now subsists ; it is therefore the opinion of this 
committee that the delegates representing this State in Congress 
be immediately instructed to subscribe the said articles, that the 
same may become conclusive on the part of this State, and obli- 
gatory thereon." This report was agreed to by the houses on the 
14th of November, and instructions were given to the delegates in 
Congress in accordance therewith. 9 

In the midst of the various circumstances that had occurred of 



' Beside furnishing instructions to the delegates, a special act on the subject 
was passed, entitled " an act to authorize and empower the delegates of the 
State of New Jersey in Congress, to subscribe and ratify the articles of confed- 
eration and perpetual union between the several States." 



FINANCIAL MEASURES. 457 

an encouraging character, much and increasing difficulty was ex- 
perienced by the States in regard to their financial concerns, on 
which account their operations were greatly impeded. To this 
subject the attention of the legislature of New Jersey was particu- 
larly turned. At their first sitting, an act was passed for raising 
the sum of one hundred thousand pounds, by taxation, for dis- 
charging the debts and defraying the expenses of the State. But 
during the next sitting, in April, 1779, it was perceived that far 
more ample provision was required to meet the demands of the 
time. The troops of the State continued to be in a most destitute 
condition; a representation and remonstrance from the officers was 
presented, setting forth their grievances with respect to their pay, 
subsistence, and clothing, and asking redress. 10 In the case of 
one individual (Gen. Maxwell,) who presented a separate appeal, 
a tone of complaint almost reaching to reproof and reproach was 
assumed. 11 As already noticed, the legislature had been anxious 
that some general provision for the payment of the troops in the 
Continental service, should be made by Congress, under the belief 
that this was the most proper and advantageous mode. To the 
applications just noticed, it was therefore replied, that provision 
had been made as far as was consistent previous to an applica- 
tion to Congress, but that if no provision should be made by that 
body after a proper representation to them, it would then be the 
duty of the State to provide for their quota of the troops, in the 



"> During the recess of the Legislature, the necessities of the troops were so 
urgent that certain individuals were induced to interpose. William Livingston, 
the Governor, John < lo'orjei . Andrew Sinnickson, Joseph Holmes, Robert Mums, 
Peter Tallman, Abraham A' an Neste, Silas Condict, and William C. Houston, 
requested the Treasurer oi the state to furnish to the Commissioner of Clothing 
anv sum hot exceeding seven thousand pounds, to be used for purchasing cloth- 
ing, and became responsible for its restoration to the treasury in case no pro- 
vision lor the purpose should be made by the Legislature. The Legislature 
afterwards approved the appropriation. 

" A resolution was offered in the Assembly, that the letter of Gen. Maxwell 
contained indecent and undeserved reflections upon the House, and that the 
same be transmitted to Congress with a proper expression of the disapprobation 
and displeasure of the Legislature. But the resolution was not carried. 
58 



156 FINANCIAL MEASURES; 

besl manner they were able to devise. A full representation to 
Congress was accordingly made upon the subject.' 2 

- -The representation and petition of the State of New Jersey sheweth, That 
we are fully convinced the circumstances of the times render a further provision 
for the subsistence and comfort of the army of the United States indispensably 
necessary, but are of opinion the mode adopted to effect this purpose, is very 
improper, and will be productive of injurious consequences. The several States 
are each forming a separate plan of supplying their own troops with such neces- 
saries as they think most advisable; nearly at the prices current when the army 
was established; and stipulating in their favor such other privileges and advan- 
tages as may, in a considerable degree, make good the contract under which 
they entered the service at the commencement of the war. These regulations, 
various, unequally advantageous, and formed upon different principles, must, in 
their practice and operation, produce, discontents, murmurings, and perhaps still 
worse effects. Further, whilst each State thus supports a system of its own, 
the whole expense is greatly and unnecessarily increased; for although it be 
paid bv the States separately, and not out of the Continental treasury, it is still 
a general expense, and the wages which each State must pay in purchasing for, 
and issuing to their respective troops would be double or treble their proportion 
of the sum which would procure the whole purchased and issued to the army 
at large, if provision were made by Congress; we would also suggest the ex- 
ceeding difficulty under which this State must labor in carrying their part of 
this divided mode of supply into execution. The means of importation are not 
in our power, and purchases on the Continent must be made at a distance, and 
under every disadvantage. To jthe Congress these things would be more prac- 
ticable. In many cases only a greater quantity of the same articles would be 
necessary, and they might be procured in the same line, in which the army is 
now supplied. Every expense w Inch may be necessary for the comfort and 
supply of those who devote themselves to the public service, we are willing, to 
the utmost of our proportion to defray, but mean not to recommend, or even 
approve in the slightest degree, any kind of establishment, or particular emolu- 
ments for life. These, to say nothing more, were no part of the original con- 
tract, and cannot be demanded on any equitable principles. By a resolution of 
Congress of the 15th of March last, a certain description of officers and bodies 
mentioned, are to be reckoned as parts of the quotas of the States to which they 
belonged, and to be credited accordingly. Within this description are troops 
who were commissioned or enlisted in this State who are now at different and 
distant places. If we are credited with these, it will by them be expected that 
we provide for them; and if this be not done, the officers will resign and the 
privates desert; but to do this seems impracticable upon any particular State 
i , and if possible, the expenditure occurring in the transportation of sepa- 



FINANCIAL MEASURES. 






But in addition to measures for supplying the immediate de- 
mands of the period, it was necessary also that something should 
be done to sustain and restore the credit of the general currency. 
Although the first issues had not been redeemed, Congress had 
been compelled tp resort to new emissions, and at this time the 
amount exceeded one hundred millions; the depreciation of the 
bills in consequence, was rapidly increasrhg; they now would 
scarcely pass for one-fourth of .their nominal value. Whether an 
earlier resort to measures for the redemption of these bills by tax- 
ation, would have prevented the decline, and maintained their 
value, is doubtful, unless there eould also have been a limitation 
of issue; but it had became apparent that some measure must be 
speedily adopted, with a view to redemption, to prevent complete 
and immediate failure. In November, 1777, : Congress had recom- 
mended to the several State's* to raise by taxes,- the sum of five 
millions of dellars for the succeeding year, the sums raised by each 
to he placed to -the credit of the States on account of the whole 
amount of public debt apportioned to the States respectively, and 
a still larger requisition Was made»in January, 1779. These re- 
quisitions were considered by the "legislature of New Jersey, in 
committee of the whole on the state of the commonwealth, and on 
the 3d of May the committee reported a resolution that the sum 
'of one million of pounds should be levied by tax within the State, 
and paid into the treasury 'by the first of December next ensuing. 
Of this amount, the sum of one hundred and one thousand two 
hundred and fifty pounds was required under the first requisition 
of Congress, and the sum of three hundred thousand pounds under 
the second; the remainder was reserved for other appropriations. 13 



rate supplies to so many different posts, would be out of all proportion to the 
value of the articles supplied. For these reasons, with many others, with which 
we think it unnecessary to detain Congress, we earnestly entreat that they 
would adopt a mode of making such further provision for the army as they may 
think just and adequate; a mode which by comprehending the whole, will re- 
move all danger of partial distinctions ; which will be less difficult and less ex- 
pensive than the one excepted against; and which will produce that satisfaction 
without which the service can never be generally agreeable to those engaged 
in it, or fully beneficial to the nation." Votes, i ol. 5 

18 On the 31st of May a communication was received containing a further 



!(><> TINANCIAL MEASURES. 

The resolution was agreed to by the houses, and an enactment 
directing the mode of levying, and collecting the amount, \v;is 
passed. A resolution was also reported to the houses, and which 
was likewise confirmed by an enactment, that all bills of credit 
emitted .by. the State whilst the same was a colony, should be 
called out of circulation by the 1st of January next ensuing, in the 
payment of taxes, or in exchange for Continental money. "By - 
die recall of these hills, an appearance of a kind of opposition in 
interest and action bclween the General and State government was 
rcmoM'd, and the exchange for Continental money, tended to sus- 
tain the credit of the latter, and to enlarge its sphere of circulation. 
With the same view, (to sustain the credit of the currency,) an at- 
tempt was matte to effect a regulation and limitation of prices. It 

"was supposed that extortionate demands were made for. the neces- 
sary articles of life, and that the evil might, and should be re- 
strained by direct legislative interference. ,,An act had been pasVed 
by the legislature for regulating and. limiting the price of labor, 

•and of sundry articles of produce, manufacture, and trade, and to 
prevent forestalling and engrossing; but as this au-t could only ap-. 
ply throughout the State, it had failed in its effect, and its opera- 
tion was therefore suspended by the legislature. But aivopinion 
prevailed that such regulations were' required, and that if extended 
and properly observed, they would aid materially in relieving the 
existing difficulty and distress. Petitions were presented to the 
legislature, praying that means might be used to procure a regula- 
tion of prices throughout the country. On the 10th of June, a 
resolution was agreed to in the Assembly, that as the depreciation 
of the Continental bills appeared to threaten the most alarming 
evils, a representation should be made to Congress upon the subject, 
and on the expediency of adopting a general regulation and limi- 
tation of prices throughout the United Stales. Council not con- 
curring at the time, this measure was not immediately carried out, 
but at the next sitting of the legislature, the movement was renewed, 
and on the 20th of September it was resolved that application 



requisition of Congress to the State, for the sum of two millions four hundred 
thousand dollars, for the service of the year. But it was resolved that no larger 
sum should be raised than had before been proposed. 



I IVANCIAL MEASURES. 461 

should he made to Congress requesting and urging them to adopt 
and recommend to the States some general plan for limiting and 
determining prices'; and that a circular upon the same subject 
should also he directed to the legislatures of the several States. 14 

"In the address to Congress, it was said, "that amidst the promising pros- 
pects of an happy issue of the present war, and of the establishment of the 
glorious freedom and independence of these Tinted States, wo feel the most 
painful anxiety from the state of the Continental finances, which threatens not 
• >nl\ embarrassment, hut ruin to the public measures, that in a crisis so alarm- 
ing, it becomes us not to consume time in useless rnjurinu rings; but to engage 
in di vising means to remedy the evil and avert the mischief. If we calculate 
for a year to come, from the events of a lew months past, the increase of prices, 
and public debts, must appear alarming; the latter perhaps will exceed the-reach 
of common computation, and the fortner rise to the utter destruction of our paper 
currency. To present evils so truly" deplorable, we conceive that everv possible 
exertion ought to be made; arid that nothing short of a regulation of prices 
.generally adopted and effectually carried -out, will prove, sufficient. The im- 
practabihty of sufch a'ajf Saure has beetr strongly represented try interested per- 
sons, but if practicable in one State; it is also in another, and throughout the 
I niou, and that it is practicable in one State has been tester! and proved in this. 
If other States had come into this regulation, and had persevered therein, affairs 
would probably have worn a different aspect. If your honorable body take the 
matter up, and, form a general system Or plan of regulation, and reco'mmend it 
to the several States, in terms as forcible- as -the necessity of the case will bear, 
we apprehend that it will, without delay, take place in the fullest and amplest: 
manner. Multitudes in the several States formerly opposed to the measures are 
now anxious to see it take place; they are convinced that taxation without a 
regulation of prices will be more likely to increase than to diminish the disease. 
Every vender, they say, will raise upon the articles he has for sale, in order the 
better to enable him to pay his tax, and thus prices will go on rising, our money 
depreciating, and our debt increasing, until we become a ruined people. With 
regard to the mode of regulating, we would observe, that if prices he fixed at 
any certain standard not to descend, we fear it will answer no valuable purpose. 
Those who wish to break through the regulation have only to withhold what 
they have for sale, and the business will be done; the scarcity will socn compel 
the public to yield to their avarice; nor will they run any risk in withholding, 
the chance will be altogether in their favor. But if prices are reduced by mode- 
rate and regular graduations, and at certain and short periods, the case will be 
different; this will operate like a filling market, it will induce the people to ex- 
hibit what they have to spare, in order to avoid the loss that might he incurred 
by delay." 

The circular to the other States represented the urgent danger from the de- 



462 FINANCIAL MEASURES. 

The several measures that were adopted might have served for a 
time to sustain the credit of the currency, could further emissions 
have been avoided, but this was not found practicable, and in the 
month of September the amount had risen to one hundred and 
sixty millions. At that time Congress thought it necessary to 
declare, that the issues in no account, should exceed two hundred 
millions. But even this resolution could not long be maintained, 
and the year 1779 drew towards its close, presenting nothing de- 
cisive in the military fortunes of the country, but with the prospect 
of deep embarrassment in its financial concerns. 

By the legislature which was elected at the usual time, and 
which convened on the 27th of October, 1779, the objects which 
had occupied the former body were further pursued. During the 



preciation of the Continental bills, and that of the many schemes of relief, a 
general regulation and limitation of prices, was thought most likely to have the 
desired effect; that loans could only prove useful as a temporary expedient, and 
taxation was slow, and its. effects would require time to be sufficiently felt. 
That many and great struggles had been made to arrest the evil that was 
threatened, all which had fallen short of their object,. because of their partial 
operation. A general application to Congress was recommended, but that if 
such an application did not appear eligible, or if when made it should not be pro- 
ductive of the desired effect, the State was ready to join with others in any other 
measure that might be thought suited to the end proposed. Nearly at the same 
time, and probably quite independent of the movement in New Jersey, a meet- 
ing upon the same subject was held at Hartford, composed of delegates from the 
eastern States as far as New York, and they recommended that another meeting 
should be held at Philadelphia, consisting of delegates from all the States as far 
south as Virginia, in the ensuing January. But in November Congress recom- 
mended a general limitation of prices throughout the States, by their own action. 
The legislature of New Jersey still resolved upon the appointment of delegates 
to the meeting in Philadelphia, and Silas Condict and Thomas Fennimore were 
appointed. These Commissioners afterwards reported that they had attended 
the Convention, and after waiting near three weeks and no Commissioners ap- 
pearing from Massachusetts, Rhode Island, or Virginia, and a majority present 
being of opinion that they could not properly act unless all the States mentioned 
in the recommendation were represented, they were obliged to return without 
doing any thing to answer the object of their appointment, but that afterwards. 
as they were informed. Commissioners from Massachusetts and Rhode Island 
had attended, and that seven States being represented they bad adjourned to 
meet at Philadelphia in April. What further action took place is not known. 



FINANCIAL MEASURES 463 

pendency of the measures that had been adopted for procuring a 
general regulation of prices, it was thought necessary that new 
enactments upon the subject should be made by the State. Accor- 
dingly, laws were passed to prevent engrossing, forestalling, and 
enhancing the prices of produce, manufactures, and merchandize 
within the .State, and for limiting the prices of various articles, and 
to prevent the necessaries of life from being withheld. 13 Nearly 
at the same time Congress made new calls upon the States for the 
redemption of the Continental bills. Resolutions of Congress 
were laid before the legislature of New Jersey, recommending to 
the legislatures of the several States, to raise their respective 
quotas of fifteen millions of dollars, to be paid into the Continental 
treasury by monthly instalments, from the first day of February, 
to the first of October ensuing, and six millions were to be paid 
annually for the eighteen succeeding years ; and the idea of any 
failure in the redemption of all the engagements of the government, 
was still strongly resisted. In compliance with the requisition, 
the houses entered upon the consideration of the amount necessary 
to be raised for the year, and it was resolved on the 20th of 
November, that the sum of nine millions of dollars should be 
raised by the ensuing October. 16 Requisitions were also made 
upon the State in a different manner. The Governor transmitted 
a resolution of Congress, calling upon the State for a supply of 
provisions for the use of the army, and a letter was also laid be- 
fore the houses from the Commander-in-Chief, stating the alarm- 
ing situation of the army, and earnestly requesting supplies. 
These calls were answered; large supplies were furnished, under 
the sanction of the State, but by engagements which provided for 

15 A motion was made to suspend the operation of some of the provisions of 
these laws, until similar provisions should be adopted by the neighboring States, 
but the motion was not agreed to. The laws however were afterwards sus- 
pended in part. 

"The enormous sums ordered to be levied and raised at this period, are to be 
considered according to the value of the currency at the time. The nominal 
expenditures are also to be judged by the same standard. The bill for the sup- 
port of the government passed at this time, gave seven thousand pounds per 
annum to the Governor, five thousand to the Chief Justice, and to the other 
officers proportionally, and these salaries were afterwards still farther increased. 



1C.1 FINANCIAL MEASURES. 

paymenl from the Continental treasury. These various demands, 
and especially the latter, proved a cause of no little embarrassment 
to the people. They had parted at this time, and on similar occa- 
sions, with a large portion of their produce to the Continental 
Agents, and were principally paid in certificates which were not 
available for their purposes, and thus they were rendered unable 
to meet the requisitions of the State authorities for the payment of 
taxes. Much difficulty was experienced inconsequence. Petitions 
were presented to the legislature praying that some means might 
be devised for the payment of the certificates they had received, 
or that these certificates might be made a lawful tender in the 
payment of taxes. By a resolution of the 1st of March, the legis- 
lative bodies determined that an application should be made to 
Congress, stating the facts of the case, and asking relief, and a full 
representation was accordingly made." But, little more was done 

" It was represented in the address, "that from the position and operations of 
the enemy since they possessed themselves of the harbor and city of New York, 
and the adjacent Islands, a very considerable proportion of the labour and time 
of the inhabitants of New Jersey have been employed in militia service, and in 
transporting the supplies of the army; and for the last two years almost the whole 
siurplus of the produce and manufactures of the States, beyond a bare subsistence 
for the inhabitants, has been necessarily purchased or taken, for the use of the 
United States. That the greater part of these late and extensive supplies re- 
main unpaid for; that very large sums are due from the United States to the 
inhabitants of this State for transportation, and also, that from a real or pre- 
tended want of money, to satisfy these contracts, the Continental Agents have 
given certificates to the inhabitants for their respective demands. The want of 
money due on these certificates is so much more severely felt by the State, in- 
asmuch as in addition to its sufferings in common with the other States of the 
Union, from the effects of the war, the inhabitants have been distressed in an 
especial manner, by a great part of the military operations centering in the 
State; and also from being unprovided with the means of trade, large sums are 
constantly drawn from tiu State for procuring clothing and articles of subsis- 
tance for the troops, and ammunition for the militia, whereby the Slate is de- 
prived of its proportional quantity of the circulating medium. The legislature 
of the State, ever desirous of testifying their most ready compliance with the 
requisitions of Congress, as far as the circumstances of the State warranted, 
cheerfully adopted the extensive tax, lately recommended by them, with the 
expectation of thereby supporting the sinking credit of the Continental currency, 
as well as adding spirit and vigour to the operations of 'die war; relying that 



FINANCIAL MEASURES. 465 

by Congress, and perhaps no more could have been done, than to 
forward a resolution recommending the legislature to make pro- 
vision for the payment of the dues, and to charge the same to the 
account of the United States. 

In the midst of these embarrassments new efforts and new sacri- 
fices were required, and were made. The campaign of 1779 had 
been entirely negative in its results; a kind of languor, (the con- 
sequence, it may be, of too much reliance upon the treaty with 
France,) had generally prevailed. 18 But ps the season for new 
operations approached, the Commander-in-Chief had represented 
the state of affairs to Congress, and the necessity of more vigorous 
action. He stated that before the close of June, 1780, the term 
of service of nearly one-half the troops in his army would expire. 
In consequence, Congress transmitted a circular to the States re- 
quiring that they should furnish, for the ensuing campaign, on or 
before the 1st of April, their respective deficiencies of thirty-five 
thousand men. This circular was received by the legislature, and 
also a communication from the Commander-in-Chief, giving a 
statement of the number of troops in the service belonging to the 
State, the lime of the expiration of their service, and the number 
of men required according to the resolution of Congress. Another 
resolution of Congress was also received, requiring the States 

the money for which the inhabitants might exchange their produce, would enable 
them to discharge their respective assessments ; but a large portion of the people 
declare that it is impossible for them to pay the amount without divesting them- 
selves of the necessaries of life, or receiving a part of the money due from the 
United States. Affected by the complaints and approaching distress of their 
constituents, the legislature are constrained to call the attention of Congress to 
their embarrassed situation, and to request that they will take such measures as 
they in their wisdom may devise to discharge the debts due to the people of the 
State, or such proportion thereof as will enable them to pay their taxes without 
distress to their families." 

18 Although the events of the year 1779 had been but little satisfactory in a 
military point of view, an advantage had been gained in the union of Spain 
with France, in opposition to England. Spain, however, maintained for a time 
an almost neutral position toward the United States. Their independence was 
not acknowledged, and though Mr. Jay, the American Minister, was allowed to 
remain, he was not formally received. Yet indirect support was given, and the 
attitude of hostility toward England was not without its effect. 
59 



466 FINANCIAL MEASURES. 

to procure supplies for the ensuing campaign, in articles and 
quantities specified. Compliance with these requisitions was by 
no means easy under the circumstances existing at the time, yet 
the necessary measures were taken. An act was passed on the 
6th of March for completing the quota of troops belonging to the 
State, and further regulations were also made for procuring pro- 
visions and other supplies for the army. 

So far as the measures adopted by Congress and the States 
could reach, they were measurably successful ; but they failed to 
effect a change in the natural relation of things, in regard to 
monetary affairs ; the shadow could not be made to continue with- 
out the substance, by any enactment or efforts. Congress con- 
tinued the issue of new bills, and with every emission the value 
became less. The whole amount of Continental money at the open- 
ing of the year 1780, exceeded three hundred millions of dollars. 
The calls upon the Slates for the means of redeeming the bills 
were but very partially answered, because the means were not at 
command. The legislature of New Jersey, as has been seen, 
performed their duty in passing laws, and every endeavour was 
used to ensure the object in view ; special appropriations were 
made to meet particular demands as early as should be practicable, 
and the desire and design of the State to comply with every re- 
quisition, were shown in the fullest manner. But the condition 
of affairs was such that prompt and full compliance was not possi- 
ble. Specie had been drawn to other points, and even the de- 
preciated Continental bills which might have been used to an 
extent, were not in hand, certificates having been received in 
large amounts instead. Congress at length became satisfied that 
the amount of money emitted could not be redeemed at its nomi- 
nal value, and on the 20th of March, 1780, a resolution was passed 
recommending to the States a revisal of the laws called " tender 
acts.'' It was recommended that the Continental money should 
be taken in at the rate of forty for one, and even in this ratio the 
redemption was to be made in other bills. A new issue was ad- 
vised, which was not to exceed one-twentieth part of the old in 
amount; and was to be made on the credit of the individual States ; 
the bills to be redeemable in specie in six years, and to bear an 
interest of five per cent, payable also in specie ; but four-tenths 



FINANCIAL MEASURES. 467 

of the whole amount was to be subject to the order of Congress, 
and the whole to be guarantied by Congress. 

Measures were adopted by the legislature for carrying the new 
plan into operation. On the 30th of May an enactment was made 
for establishing a fund for sinking and redeeming the bills of credit 
of the United States; and soon afterwards another was passed to 
repeal the former act declaring the value of the Continental money, 
and to explain and amend the act making the same a legal tender. 
The bills were continued a lawful tender in the proportion above 
stated, and no further abatement was to be allowed in any con- 
tracts. Two hundred and twenty-five thousand pounds was au- 
thorized to be struck in the new bills. But this new scheme of 
finance, although it gave a momentary check to the tendencies of 
the time, brought no permanent relief. The credit of the new 
bills depreciated after a short time, so as to approach the level 
of the old, and hence the exchange of the old money was 
scarcely desired ; and beside this, in New Jersey, the amount of 
Continental money to be exchanged was comparatively small, 
owing to the large sums held in certificates. The whole sum in 
new bills authorized by the legislature, was not issued, and the 
Continental money, both in New Jersey, and elsewhere, gradually 
perished in the hands of the holders. A crisis in the monetary 
affairs of the country was at hand. " Our financial concerns," 
said Washington, " are in an alarming state of derangement ; the 
publie credit is almost arrived at its last stage." The military 
operations of the season, too, were far from fortunate. The 
southern States, which at this period were the principal theatre of 
conflict, suffered extremely; South Carolina and Georgia were 
almost reduced, their principal cities being taken and held by the 
enemy. In the north, nothing had occurred that could give much 
relief to the picture, whilst a deep and dark shade had been thrown 
upon it, by the treason of Arnold. 19 

19 The attempt of Arnold to surrender West Point was made in September, 
1780. 



CHAPTER XXIII. 



FINANCIAL CRISIS. SUCCESSES OF THE AMERICANS. CLOSE OF THE 

WAR. — THE FEDERAL GOVERNMENT. NEW STATE CONSTITUTION. 



A new legislature convened in New Jersey in October, 1780. 
Governor Livingston was again re-elected to office. General de- 
pression existed at this period. The Continental money was scarce- 
ly available for any purpose, and was soon afterwards entirely with- 
drawn from circulation. 1 The credit of the bills lately issued was 
doubtful, and the large amount held by the people of the State in 
certificates, lay wholly useless in the hands of the holders. At 
the same time a considerable portion of the northern army was 
again stationed in the State, and continual demands were made 
for supplies, and the enemy being in force on the borders, unceas- 
ing vigilance as well as increased exertions were required, to pre- 
vent incursions. From these several circumstances the strength 
and resources of the State became greatly reduced ; beside the de- 
ficiency in pecuniary means, there was an absolute scarcity of 
many articles of supplies. In no portion of the entire country did 
the pressure of the war fall more heavily than in New Jersey, and 
this was one of the darkest periods of the struggle. At this time 
too, a disposition was shown in some of the other States, or at 
least in one, to make a special appropriation of means which were 
claimed to belong to the country at large, and which were looked 
to^as a means of final relief. Of this course New Jersey justly 
complained, and it was deemed proper, and was resolved that an 



1 An act was passed on the 2d of January, 17S1, for ascertaining the value of 
the Continental money, in the payment of dchts, and for taking the same out of 
circulation. 



FINANCIAL CRISIS. 



469 



appeal upon the subject should be made to Congress. 2 But the 
State authorities applied themselves with earnestness, to devising 
measures for the removal of existing difficulties, and for sustaining 
the efforts of the country. A resolution of the 4th of November 



2 " Representation and remonstrance of the Legislative Council and General 
Assembly of the State of New Jersey. 

" That the Legislature of this State did, by their representation dated the 16th 
day of June, 1778, which was read in Congress, and entered on their journals 
on the 25th of the same month, make sundry objections to, and propose cor- 
respondent alterations in the articles of confederation proposed by Congress to 
the several States in Union. That though a majority of said States in Con- 
gress did not agree to the said alterations, nevertheless, urged by the then criti- 
cal state of public affairs, and particularly by the circular letter of Congress 
dated the 10th of July, of the same year, the Legislature did, by an act of the 
20th of November following, an exemplification of which w^as read in Con- 
gress, and entered on the 25th of the same month, empower the delegates of 
the State to subscribe the said articles of confederation. That avoiding unne- 
cessary repetitions, they beg' leave in the most earnest and explicit manner, to 
call the attention of Congress to these several records, as from them it is clearly 
understood in what confidence this State waived, for the time, their just pre- 
tensions, described in the sixth article of the representation before mentioned, 
and postponed every private consideration, to the happiness and perfection of 
the Union, well convinced that the time could not be far distant, when every 
partial and unfounded claim would be equitably and satisfactorily relinquished. 
That they saw with the utmost surprise, an office opened by the Common- 
wealth of Virginia, for the sale and disposal of lands, which, before and at the 
commencement of the present war, were confessedly vested in the crown of 
Great Britain, when on the plainest principles of the law of nations, of reason, 
truth and justice, they are become, by the revolution, vested in Congress, for 
the use of the federal republic they represent. That it is the indispensable 
duty of the Legislature, in justification and defence of the rights of the people, 
to except and remonstrate in the most pointed terms, against the disposition of 
any property under the foregoing description, for the emolument of any State. 
That they acknowlege no tribunal but that'of Congress competent to the re- 
dress of such a grievance as the setting up by any State, of an exclusive claim 
to any of the said lands, in whatever part of the Union they may be situated ; 
and they see with pleasure, in the proceedings of Congress of the 16th of Sep- 
tember and the 8th of October last, (this representation was made on the 29th 
of December, 1780,) the faithful and generous efforts made by that honorable 
body to compromise and adjust differences upon this subject, and have the full- 
est hopes that they will be effectual. That it is the habitual predilection of 



470 FINANCIAL CRISIS. 

was received from Congress recommending to the States to raise 
their respective quotas of six millions of dollars, to be partly paid 
in specific articles, which were enumerated, and the remainder in 
specie, or in the State bills recently emitted. Accordingly, a law 
was passed for raising by assessments the sum of one hundred 
and fifty thousand pounds, in money and other supplies. The levies 
ordered for providing supplies were to be made according to the 
condition and means of the several parts of the country ; most rigid 
regulations were also adopted to prevent an illicit traffic in pro- 
visions, with the enemy. 3 Every means was resorted to, to im- 
prove and establish the public finances. In order to preserve the 
credit of the bills that had recently been issued by the State, a 
change was made in the law directing their exchange for old 
money, 4 and a new emission of bills of credit was ordered amount- 
ing to thirty thousand pounds. The petitions to Congress asking 
that the certificates held by the people of the State should be re- 



this State that all causes of complaint, jealousy, and contest, not only upon this, 
but upon every other subject, should subside under the conciliating influence of 
equity, moderation, and liberal affections, and that it may never become just to 
entertain a thought of resorting to other means. Confiding, therefore, in the 
watchful care, the wisdom, the justice and firmness of Congress, they assure 
themselves that the republic will be secured against detriment, and the rights of 
every State in the Union strictly maintained." 

3 Some of the inhabitants of the State, who were disaffected or cold to the 
American cause, and others who were tempted by the opportunity of obtaining 
money which could scarcely be elsewhere procured, continued to sell provisions 
to the enemy, whilst the American army was in the greatest want. A strong 
enactment was passed to prevent the practice. 

4 The continued depreciation of the Continental money changed the relative 
value of the currencies, and an alteration of the law became necessary in order 
to prevent the new bills from being carried down by a fixed connexion with the 
old. Hence an enactment was made directing that the proportion between the 
State bills and the Continental money should be the same as between the latter 
and gold and silver, and the legislature resolved, " that they were determined to 
redeem at full value of gold or silver, all and every of the bills issued on the 
faith of the State." But notwithstanding this enactment and resolution, the 
State bills depreciated in value, and petitions were presented setting forth the 
injury that was done by keeping them a legal tender, and hence on the 13th of 
June, 1781, the act making them a legal tender was repealed. In December, 
1782, a resolution was adopted to take them out of circulation. 



FINANCIAL CRISIS. 471 

deemed, or that they might be received in exchange for State bills, 
or used in the purchase of supplies for the army, not having been 
successful, they were made receivable into the State treasury in 
payment of taxes, and much relief was thus given to the people. 
An arrangement was made with the troops in the Continental 
service, agreeing upon the amount of their dues according to a 
scale of depreciation which corresponded with the value of the 
currency at the several periods, and an enactment was made for 
securing the payment of the amount agreed upon. To ensure the 
enlistment of the forces required of the State, an act was passed 
to raise a fund by loan for discharging the bounty to be paid to the 
troops. Provision was also made designed to secure the more pro- 
fitable use of confiscated estates. 5 

By these several measures, the State was enabled to maintain 
its position. The efforts made by the Continental government 
were also successful in bringing relief; upon the failure of the 
general currency, Congress was obliged to resort to other expedi- 
ents. As the means of the country were so far exhausted that 
adequate and seasonable returns, from any mode of demand upon 
the States, were not to be expected, recourse was had to loans 
from abroad. For this purpose application was made to the King 
of France. In November, 1780, a letter was addressed to his 
Majesty by Congress, in which they represented the embarrassed 
situation of affairs ; and Franklin, the American Minister, was in- 
structed to use his utmost endeavours to procure the necessary 
aid. In December, Congress were induced by the pressing neces- 
sities of the period, to send a special Minister to France, and Col. 
John Laurens, one of the aids of General Washington, was ap- 
pointed. Before his arrival, pro?nises of assistance had been given, 
but the earnestness of the new envoy excited to movements more 
answerable to the urgency of the occasion. A subsidy of six 
millions of livres was furnished by his Majesty, and an additional 



5 The sales of the confiscated estates had been numerous, and the nominal 
amount of the proceeds large, yet as the receipts had mostly been in Continental 
money, which was constantly depreciating, the benefit to the State was much 
reduced. The present enactment provided for a temporary suspension of sales 
and for a special appropriation of the issues from the estates. 



472 FINANCIAL CRISIS. 

sum by way of loan. Applications of a similar kind were made 
in Holland, and through the exertions of Adams, a loan of ten 
millions of livres was obtained in that country, the French King 
generously engaging to become responsible for the amount. Ap- 
plications for aid from Spain were not successful. 6 For the better 
administration of public affairs, Congress also resolved upon the 
establishment of distinct departments. The department of Foreign 
Affairs was assigned to a particular officer, as were also those of 
War and the Marine, and an office was established for the general 
direction of the finances of the country. The latter place was 
given to Robert Morris, an eminent merchant and financier, who 
applied himself with the greatest diligence and energy to the dis- 
charge of his duties, and was thus enabled, together with an un- 
sparing use of his personal credit, to contribute in a great degree 
toward relieving the pressure of the time. Beside the aid received 
from abroad, the regulations that were made by Congress for 
reaching their domestic resources, were not wholly unavailing ; the 
demands for specific supplies were mostly complied with, as were 
also the requisitions for money, in such kinds and amounts as the 
States were able to command. A resolution was also passed by 
Congress, recommending that authority should be given to that 
body to lay a duty of five per cent, ad valorem on goods imported. 7 
By these measures the government was enabled to conduct the 
country through the threatening crisis in its affairs, although the 
relief obtained was not in time to prevent the occurrence of much 
distress, and also of some disorder. In the course of the year 
1780, great distress was experienced in the army from the want of 
proper supplies, and toward the close of the season the impatience 



6 Spain would only grant assistance upon condition that the Americans would 
relinquish all claim to the navigation of the Mississippi, a demand which was 
positively refused. 

" This movement is mentioned, not that it proved an availing measure of 
revenue at the time, but as marking the origin of a course of policy afterwards 
fully pursued. The resolution was adopted by Congress on the 3d of February, 
1781, and on the 2d of June the Assembly of New Jersey passed an act " to 
enable the Congress of the United States to levy duties of five per cent, ad val- 
orem, on certain goods and merchandize imported into this State, and on prizes 
and prize goods, and for appropriating the same." 



SUCCESSES OF THE AMERICANS. 473 

of some of the troops broke out into actual revolt. 8 Yet this evil 
was soon arrested, and the result of the exertions that have been 
noticed, was the eventful campaign of 1781. 

The opening of this year presented a prospect by no means 
favorable to the American cause. The measures adopted by Con- 
gress and the States, for the removal of existing difficulties, were 
either in progress, or had not yet been productive of their full 
effects. The number of troops in the field was greatly below the 
demands that had been made, and those that had actually engaged 
were but very scantily and poorly provided for. The clothing 
and other articles of supplies that had been purchased abroad had 
not arrived, and the articles procured by levies in the States were 
not readily collected. But a gradual improvement in affairs took 
place. Washington, in conjunction with the forces from France, 
was enabled to threaten the army commanded by Clinton in New 
York, whilst Cornwallis was successfully resisted in the south. 
Somewhat apprehensive of an attack upon himself, and perhaps 
despairing of further successes at the south, the British Comman- 
der was desirous of a greater concentration of his forces, and ac- 



8 It required a high feeling of patriotism to sustain the army amidst the priva- 
tions they were obliged to undergo, and at this time when the pay and the sup- 
plies of the troops had so nearly failed, it is not surprising that some discontent 
should have heen shown. In addition to the general causes of dissatisfaction, the 
troops of the Pennsylvania line had an especial cause of complaint. They had 
been enlisted for "three years, or during the war," and they conceived that their 
engagement was fulfilled at the close of the three years, which terminated in 
1780, whilst the officers insisted that they might still be detained, as the war 
yet continued. On the night of the 1st of January, a general revolt of this line 
took placentae soldiers declaring that they would march in a body to Congress 
and demand relief; but during their march, an accommodation was effected by 
which a number of the troops were allowed to depart, and the arrearages of pay 
secured to them. On the 20lh of January a small part of the Jersey line (among 
whom however were many foreigners) attempted a similar movement, but such 
measures were taken as brought them to speedy and full submission. These 
occurrences served not only to make known the difficulties that existed in the 
American army, but to exhibit the character of the enemy. They endeavoured 
to take advantage of the revolt, by making the most seductive offers to the troops, 
but though the latter were dissatisfied, they were not traitors, and indignantly 
rejected the proposals that were made to them. 
60 



471 SUCCESSES OF THE AMERICAN.". 

cordingly issued orders calling- Cornwallis to a nearer point, 
directing- that he should establish himself at Point Comfort, and 
thus secure an opportunity for a movement by sea, as occasion 
might offer, or require. Disliking the position selected by his 
superior, Cornwallis fixed upon Yorktown, and in August fortified 
himself at that place. At this period, his Majesty of France, in 
addition to the aid already furnished to America, had despatched 
a ileet, commanded by the Count De Grasse, to the American 
coast; and Washington finding that this force was to enter the 
Chesapeake, conceived the design of making a hasty movement 
from before New York, and advancing against Cornwallis, whose 
escape by sea would be prevented by De Grasse. This design 
was executed with such exactness that the French fleet and the 
American army reached the point of operation almost at the same 
time; and the movement was carried on with such celerity that 
Clinton, at New York, was not apprised of the attempt, until it 
was too late for any effectual measures to prevent it. Cornwallis, 
intercepted by sea and invested by land, after various unsuccess- 
ful! attempts at defence or escape was forced to surrender. On 
the 19th of October articles of capitulation were agreed upon, and 
the entire army was given up. 

The capture of Cornwallis convinced the British nation that 
America was not to be subjugated, and a disposition toward an 
accommodation was soon afterwards shewn. Parliament convened 
on the 21st of November, 1781, and though the speech from the 
Throne, and the reply from the Houses, were still somewhat 
haughty and hostile in tone, yet soon afterwards an address was 
moved by General Conway, in the House of Commons, which 
declared " that it was the opinion of this House that tjie farther 
prosecution of offensive war on the Continent of North America 
for the purpose of reducing the revolted colonies to obedience by 
force, would be the means of weakening the efforts of this country 
against her European enemies, and tend, under the present cir- 
cumstances, dangerously to increase the mutual enmity so fatal to 
the interests both of Great Britain and America." This motion 
was carried, and an address in pursuance thereof was presented to 
the King. In reply, his Majesty assured the House that he should 
take " such measures as should appear to be most conducive to 



SUCCESSES OF THE AMERICAN'S. 475 

the restoration of harmony between Great Britain and her revolted 
colonies, so essential to the prosperity of both." Very soon after- 
wards a new administration was formed, composed of persons 
who were favorable to measures of peace, and at an early period 
an envoy was sent to France, to open a communication with the 
French Court, and the American Minister. 

But the Americans did not fail in the meanwhile to pursue 
the advantages they had gained. Congress proceeded to adopt 
measures for the prosecution of a new campaign ; calling upon 
the States for their respective quotas of men and money. 9 The 
Superintendent of Finances had brought the affairs of his depart- 
ment into order, and had reduced the public expenditures. In the 
course of the season he had projected a National Bank as a further 
means of relief; the plan he proposed was approved by Congress, 
and in December, 1781, an act of incorporation was granted, the 
body to take the name of " The President and Directors of the Bank 
of North America." The bills of the bank were to be receivable 
in payment of all taxes, duties, and debts due to the United States. 
A trade which had yielded considerable profits, was now carried 
on with the West Indies, and capitalists came forward and invested 
their means in the new stock; the bank was established and di- 
rectly went into operation. Important and most seasonable aid 
was thus afforded. 

A new legislature was chosen in New Jersey in October, and 
the bodies convened at the usual period. The long tried Gover- 
nor was continued in his place. The requisition of Congress for 
the payment of the quota of eight millions of dollars required of 
the State, was received, together with a resolution of Congress 
that no certificates could be taken in the amount. 10 In the de- 



9 Eight millions of dollars in specie was required from the States. 
10 Continental certificates had been received in the State in payment of taxes, 
and the amount thus taken together with such sums as might still remain in 
certificates in the hands of individuals, formed a debt due from the Continental 
treasury. But this debt was not allowed as any offset at this time, Congress 
requiring the payment of specie, a requisition which though necessary under the 
circumstances of the time, was by no means easily complied with. A new re- 
presentation earnestly requesting that provision should be made for the settle- 
ment of these certificates, had just been made by the legislature. 



476 CLOSE OF TI1K WAR. 

pressed situation of affairs which then existed, it was not deemed 
advisable entirely to exclude certificates in the payment of taxes, 
and a bill was passed for raising one hundred and fifty thousand 
pounds in money and certificates. 11 

Beside the appropriation of means according- to the utmost abili- 
ty of the State, the authorities contributed also by their declara- 
tions, to sustain the position and efforts of the country. On the 
4th of May, 1782, they adopted resolutions noticing the bill which 
had been brought into Parliament to enable the King to conclude 
a peace or truce with the United States, under the description of 
the revolted colonies. They declared, "that we, the legislature 
of this State, are determined to exert the power of the State to en- 
able Congress to support the National Independence of America, 
and that whoever shall attempt any pacification between these 
States and Great Britain, expressing or implying the least subor- 
dination or dependence of the United States to or upon Great 
Britain, or shall presume to make any separate or partial conven- 
tion or agreement with any person acting under the Crown of 
Great Britain, ought to be treated as an open and avowed enemy. 
That al though peace upon honorable terms is an object truly de- 
sirable, yet that war, with all the calamities attending it, is incom- 
parably preferable to national dishonor and vassalage, and that no 
event, however disastrous, ought to induce us to violate in the 
least degree our connexion with our great and generous ally. 
That the legislature will maintain, support, and defend the so- 
vereignty and independence of this State with their lives and 
fortunes, and will exert the power thereof to enable Congress to 
prosecute war until Great Britain shall remove all claim of so- 
vereignty over these United States, and until their independence 
shall be formally or tacitly assured by a treaty with Great Britain, 
France, and the United States, which alone can terminate the war." 

It was fortunate both in view of the interests of humanity, and 
also of the necessities of the country, that the struggle to secure 



"The houses resolved that the Treasurer should pay to the order of the 
Superintendant of Finance so much of the specie directed to be raised by this 
act, as should be called for from time to time, so that the whole amount paid, 
should not exceed the sum of fifty thousand pounds. 



CLOSE OF THK WAR. '177 

the object in view, was not much longer protracted. No hostile 
operations of importance were afterwards entered upon. Nego- 
tiations in Europe on the subject of a treaty of peace were active- 
ly commenced, which were conducted on the part of the Americans 
by Franklin, Adams, Jay, and Laurens. Difficulties were ex- 
perienced by the American negotiators on account of the rela- 
tions in which they were placed by the alliance with France, and 
the instructions they had received relating to a concert of action 
with that government. But finally (without the perfect concur- 
rence of his Majesty of France,) a provisional treaty was made 
between Great Britain and the United States, and was signed on 
the 30th of November, 1782. This however, was not to take 
effect until peace should be concluded between Great Britain and 
France. But on the 20th of January preliminary treaties between 
Great Britain, France, and Spain were settled and signed. The 
restoration of peace being thus ensured, Congress on the 11th of 
April, 1783, proclaimed a cessation of hostilities, and on the 15th 
of the same month formally ratified the treaty. 12 

The conclusion of the war was the cause of the greatest rejoic- 
ing throughout America. The event was communicated to the 
legislature of New Jersey by Governor Livingston on the 19th of 
May, 1783. He said that "Providence having been pleased to 
terminate the late war in a manner so honorable and advantageous 
to America, I most heartily congratulate you on the auspicious 
event; but let us not flatter ourselves that because the war is over 
our difficulties are at an end. The advantages to be expected 
from the establishment of our independence will greatly depend 
upon our public measures, and a conduct suitable to so important 
a blessing. Perhaps at no particular moment during our conflict 
with Great Britain, has there been a greater necessity than at the 
present juncture for unanimity, vigilence and exertion. The glory 
we have acquired in the war will be resounded through the uni- 
verse. God forbid that we should ever tarnish it by any un- 

11 The definitive treaties between Great Britain, France, and Spain were 
signed on the 3d of September, 1783, and at the same time the definitive treaty 
between Great Britain and the United States, and the latter was ratified by 
Congress on the 14th of January, 1784. Pitkin, vol. 2, p. 153. 



478 CLOSE OF THE WAR. 

worthy conduct in times of peace. We have established our 
character as a brave people, and exhibited to the world the most 
incontestible proofs that we are determined to sacrifice both life 
and fortune in defence of our liberties. Heaven has crowned our 
victories and heroic struggles with the most signal success, and 
our military exploits have astonished the world. Let us now 
show ourselves worthy of the inestimable blessings of freedom by 
an inflexible attachment to public faith and national honor. Let 
us establish our character as a sovereign State, on the only dura- 
ble basis of impartial and universal justice ; for whatever plausible 
sophistry the artful may contrive, or the avaricious be ready from 
self interested motives to adopt, we may depend upon it, that the 
observation of the wise man will, through all ages be found an in- 
controvertible truth, that righteousness exalleth a nation, but that 
sin (of which injustice is one of the most aggravated,) is the re- 
proach of any people." 

The long contest now concluded had been conducted under 
great disadvantages and difficulties. At the commencement, no 
Continental government existed, and consequently no general pro- 
vision had been made, and the government afterwards formed, was 
so imperfect in its character that proper regulations and provisions 
if adopted, were frequently not observed. Beside this, the in- 
experience of the government and of the people, together with 
the pressing necessities of the time, led to an extension of engage- 
ments beyond the resources of the country; hence extreme pecu- 
niary embarrassment and great pecuniary loss, were added to the 
numerous evils always incident to a state of war. By the depre- 
ciation and final sinking of the currency, not only was the action 
of the government impeded, but thousands of the people were 
injured, and many were entirely ruined. 

To meet existing obligations and make adequate provison for 
the future, were now the objects to be mainly regarded. The 
whole expense of the war was estimated at one hundred and 
thirty-five millions of dollars, including the specie value of the bills 
advanced from the Continental treasury, reduced according to an 
established scale of depreciation. The whole amount of the debt 
of the United States in 1783, was estimated at forty-two millions, 
eight millions of which arose from foreign loans, and the remainder 



CLOSE OF THE WAR. 479 

was due to American citizens. Obligations of a special character 
had also been formed in making provision for the officers and 
soldiers who had been engaged in the war. These classes had 
suffered the greatest hardships, not merely in their particular 
services, but from the want of proper supplies, and the tardy and 
imperfect compensation they had received. To satisfy in some 
degree the complaints that were made to Congress and the Com- 
mander-in-Chief, the latter recommended a half pay establishment. 
Accordingly, in May, 1778, Congress granted half pay for seven 
years to all who should continue in service during the war, and a 
similar grant was afterwards made to the widows or orphans of 
such as had, or should die in the service. In 1780, a grant of half 
pay for life was granted to the officers; but this was finally changed 
to five years full pay. 

Measures were taken by Congress to meet the present exigen- 
cies of the time. On the 18th of April, 1783, they declared that 
it was indispensably necessary to the restoration of public credit 
and to the discharge of the public debts, to vest Congress with 
power to levy certain specified duties on wines, teas, pepper, 
sugar, molasses, cocoa, and coffee, and a duty of five per cent, 
ad valorum on all other imported goods. 13 The States were also 
required to establish revenues in such manner as they should 
judge convenient for supplying their respective quotas of one 
million and a half of dollars annually, exclusive of imports. Con- 
gress urged, in the strongest manner, a compliance with these de- 
mands, appealing to the gratitude and pride, as well as the justice 
and plighted faith of the nation. The legislature of New Jersey 
resolved, that the address and recommendation of Congress should 
be printed and distributed throughout the State. On the 11th of 
June an act was passed " to authorize the United States in Con- 
gress assembled, to levy a duty on certain goods and merchandize 
imported into this State from any foreign port, island, or planta- 
tion," and nearly at the same time, an enactment was made for 
raising the sum of ninety thousand pounds by taxation for the 

13 It was proposed that these duties should continue for twenty-five years, and 
to be applied solely to the payment of the principal and interest of the public 
debt. 



480 CLOSE OF THE WAR. 

exigencies of the year 1783. But the same degree of regard to 
the recommendations of Congress was not every where exhibited. 
Some of the States assented to the resolution respecting imports 
without hesitation, but others lingered or only acceded upon condi- 
tion that similar acts should be generally passed. The repeated and 
earnest representations of Congress finally prevailed with all the 
States except New York ; but she persisted in refusal, and by her 
single negative, finally defeated the measure. This failure was 
most prejudicial in its effects; it not only tended in a great degree 
to render nugatory the efforts of Congress for the restoration and 
maintenance of the National credit, but was also a cause of dis- 
sension among the States themselves. New Jersey complained 
that the refusal of other States to make the grant to Congress, and 
their separate enactments upon the subject, were unjust to the 
country, and operated injuriously upon her, rendering her unable to 
meet the demands of Congress, and particularly, the demand for 
specie. A strong representation was made in consequence. 14 

14 By resolution of the 20th of February, 1786, it was said, "that the requi- 
sitions of Congress of April, 1783, for a general impost and revenue hath not 
been complied with by all the States, especially by the States of New York and 
Georgia, (Georgia afterwards acceded,) though the requisition is founded upon 
the most just and equal principles, and being a measure, in the general opinion, 
absolutely necessary to the existence of the United States in their confederated 
capacity, while our neighbouring States, by their State imposts, are draining 
this State of sums annually, to a much larger amount, as we have reason to 
suppose, than our quota of specie called for by the late requisition of Congress. 
That this House cannot, consistently with the duty they owe to their constitu- 
ents, comply with the requisition of Congress of the 27th of September last, or 
any other, requiring specie, until all the States in the Union shall comply with 
the requisition of Congress for an impost and revenue; or at least until the 
several States having the advantage of commerce which they now enjoy solely 
by the joint exertions of the United States, shall forbear exacting duties or im- 
posts upon goods and merchandize for the particular benefits of their respective 
States, thus drawing revenues from those whose local circumstances will not 
admit of their enjoying similar advantages." 

In instructions to the representatives in Congress, given March 2d, 1786, it 
was said, "when the revenue system of the 18th of April, 1783, was passed in 
Congress, we were in hopes that our situation between two commercial States 
would no longer operate to our detriment; and that those States, and others in 
their predicament, were at length convinced of the selfish and palpable injustice 



CLOSE OF THE WAR. 481 

Beside this failure, the requisitions of Congress for direct contri- 
butions from the States, were but partially complied with ; the 
government was compelled to resort to loans to pay even the in- 
terest on the foreign debt, and the interest on the domestic debt 
remained wholly unpaid. 

The western territory, or " Crown lands" were viewed by the 
people of the States as a fund to aid in the payment of the public 
debt. The expectations and wishes of New Jersey in reference 
to these lands, have already been noticed. In October, 1780, a 
resolution was adopted by Congress recommending the States to 
make liberal cessions of their territorial claims. In 1781, this 
was complied with by Virginia so far as to cede all lands north- 
west of the river Ohio, upon the condition however, that Congress 
should guaranty all the other lands she claimed. This cession 
was not satisfactory to other States. New Jersey presented a 
remonstrance stating " the just and incontrovertible claim of this 
State to its full proportion of all vacant territory," and requesting 

of subjecting others to their exactions, and then applying those exactions to the 
augmentation of their respective private revenues. As we are convinced that 
neither public credit can be supported, the public debts paid, or the existence of 
the Union maintained, without the impost revenue in some form, you are in- 
structed to vote against each and every ordinance, resolution, and proceeding 
whatever, which shall produce any expense to New Jersey, for the promotion 
or security of the commerce of those States, or any of them, from which the 
Union in general, nor this State in particular, derives any advantage, until all 
the States shall adopt and carry into execution the impost above mentioned. 
To vote against each and every ordinance, resolution, or proceeding which shall 
tend to charge this State with any expense for gaining possession of, or defend- 
ing such territory claimed by, or which is to accrue to, the exclusive benefit of 
any particular State or States, and not to the Union at large." 

The resolution of the House declining to comply with the requisition for the 
payment of specie, was noticed by Congress, and was a source of so much em- 
barrassment that a committee consisting of Charles Pinckney, Nathaniel Gor- 
ham, and William Grayson were appointed to remonstrate with the Assembly 
of New Jersey upon the subject. The committee were heard. The House 
then resolved, "that being willing to remove as far as in their power every em- 
barrassment from the counsels of the Union, and that the failure of supplies 
from temporary demands, though clearly evinced from experience, may not be 
imputed to the State of New Jersey only, that the resolution of the 20th of 
February last, be, and hereby is rescinded." 
61 



482 THE FEDERAL GOVERNMENT. 

Congress not to accept of the offer. The proposal of Virginia was 
rejected by Congress with the annexed condition; but this condi- 
tion being given up, the cession was afterwards accepted. Congress 
urged also upon other States the necessity of early and full com- 
pliance, and accordingly cessions were made by all the States hav- 
ing claims to these lands, so that the whole territory northwest of 
the Ohio came to be possessed by the United States. But the 
advantages to be derived from this possession, were chiefly pro- 
spective, this fund could not be made available to meet the imme- 
diate wants of the country. 

The situation of affairs at this period was such as to excite a 
doubt whether the United States would be able to maintain their 
nationality. The general government was found to be entirely 
destitute of all authority to carry its measures into effect. During 
the continuance of the war, the pressure of common danger had 
enforced a general concurrence of action, though even then, the 
measures of Congress were often defeated by the objections or the 
inaction of the States ; now, the power of Congress was scarcely 
more than a nominal thing ; as was aptly said, " they may de- 
clare every thing but do nothing." There seemed to be an in- 
creasing jealousy of the general government, and a desire to 
establish the interests and power of the States. The obligations 
arising out of the treaty of peace were not enforced without the 
greatest difficulty, and loud complaints of infractions were made 
by Great Britain ; there was no authority to regulate commerce, 
no national judiciary, nor any general provision for mutual sup- 
port in cases of insurrection within the States ; and this latter de- 
fect was brought more strongly into view by actual and serious 
disturbances. 15 These circumstances were the cause of extreme 
uneasiness ; the wisest as well as the strongest spirits of the time, 
were oppressed with a feeling of apprehension. Washington de- 
clared, in reference to the disinclination of the States to yield 
competent powers to the general government, that " we have op- 
posed the British in vain, and have arrived at the present state of 
peace and independency to very little purpose, if we cannot con- 



15 An insurrection of a truly formidable character took place in Massachusetts 
in the year 1786. 



THE FEDERAL GOVERNMENT. 483 

quer our own prejudices." Jay said, in March, 1786, " I think 
we are in a delicate situation, and a variety of considerations give 
me uneasiness ; our affairs are drawing to some crisis, some revo- 
lution, something I cannot foresee or conjecture ; I am anxious 
and uneasy, more so than during the war." " Your views," said 
Washington in reply, " accord with my own ; what the event will 
be, is also beyond my foresight ; I do not conceive we can exist 
long as a Nation, without lodging somewhere a power which will 
pervade the whole Union in as energetic a manner as the autho- 
rity of the State governments extend over the several States." 
Governor Livingston said, in February, 1787, " I am really more 
distressed by the posture of our public affairs than I ever was by 
the most gloomy appearances during the war, and without the 
utmost exertions of the more patriotic part of the community, and 
the blessing of God upon their exertions, I fear we shall not be 
able for ten years from the date of this letter, to support the in- 
dependence which has cost us so much blood and treasure to 
acquire." 

Fortunately, or providentially, the proper and the only remedy 
for the evils and disorders of the time was perceived and applied. 
The foresight of Washington,' though distrusted by himself, had 
not failed ; and measures were soon taken to establish the power 
which should " pervade the whole Union." In January, 1786, 
the legislature of Virginia appointed persons to meet Commis- 
sioners from the other States, to take into consideration the state 
of the country, and to devise measures for the common interest. 16 
The other States were notified of this movement, and on the 20th 
of March a resolution was adopted by the legislature of New Jer- 
sey, that Commissioners should be appointed in joint meeting 
to meet Commissioners from the other States for the purposes 

16 They were "to meet such other Commissioners as were, or should be, ap- 
pointed by the other States in the Union, at such time and place as might be 
agreed upon, to take into consideration the trade and commerce of the country, 
to consider how far an uniform system in their commercial intercourse and 
regulations might be necessary to their common interests and permanent har- 
mony, and to report to the several States such an act relative to this great ob- 
ject, as, when unanimously ratified by them, would enable the United States, 
in Congress assembled, effectually to provide for the same." 



484 THE FEDERAL GOVERNMENT. 

mentioned. Abraham Clark, William C. Houston, and James 
Schureman were appointed. The Commissioners met at Anna- 
polis, in September, 1786, but five States only were represented. 17 
After some consideration of the subject of the meeting, the dele- 
gates agreed that their powers, as well as their numbers, were too 
limited to warrant a final decision, but they agreed to a report to 
be submitted to Congress, and to the several States. In this report 
they recommended the appointment of Commissioners from all 
the States " to meet in Philadelphia on the 2d Monday in May 
next, to take into consideration the situation of the United States; 
and to devise such further provisions as shall appear to them ne- 
cessary to render the constitution of the federal government ade- 
quate to the exigencies of the Union.'''' Congress approved of the 
measures taken, and recommended to the States that the Conven- 
tion should be held as proposed. Virginia first appointed delegates 
to this meeting, at the session of the legislature held in October, 
1786. New Jersey followed next: on the 24th of November, 
David Brearly, William C. Houston, William Paterson, and John 
Neilson were appointed. On the 19th of May, 1787, his Excel- 
lency William Livingston and Abraham Clark were added to the 
delegation, (the name of John Neilson being omitted,) and on the 
7th of June it was further increased by the appointment of Jona- 
than Dayton. 

The meeting and the proceedings of this Convention, which 
met at the appointed time, mark a most important era in the 
history of the United States. A form of government was con- 
structed to take the place of the Confederation, (which was already 
almost dissolved,) and the work was devised with the highest 
degree of wisdom and skill. Separate and apparently opposing 
interests and elements were brought together and joined in an 
harmonious union. The Constitution was formed. In this work 
the representatives of New Jersey were active and useful partici- 
pants. Their influence and efforts were partly directed to pre- 
serve to the smaller States, New Jersey being one, a proper 
degree of power and weight in the Union ; whilst they wished the 
general authority to be sufficient for the purposes in view, they 

K |New York, New Jersey, Pennsylvania, Delaware, and Viiginia. 



THE FEDERAL GOVERNMENT. 485 

were desirous to guard the relative interests of the several parts. 
It was supposed by them, that this object, and indeed that the 
several objects proposed, might be fully reached by a modification 
in the form of the existing government. Their views were pre- 
sented to the Convention in what was called " the Jersey plan," 
which was arranged by the delegates of that State, those of Con- 
necticut, Delaware, and a portion of the delegation from Mary- 
land. 18 This plan was not adopted, the Convention resolving that 



18 On the 15th of June, Mr. Paterson offered to the Convention the follow- 
ing propositions, as amendments of the articles of confederation : " 1st, That the 
articles of confederation ought to be revised, corrected, and enlarged, so as to 
render the federal constitution adequate to the exigencies of government and 
the preservation of the Union. 2d. That, in addition to the powers vested 
in the United States, in Congress, by the present existing articles of confedera- 
tion, they be authorized to pass acts for raising a revenue, by levying a duty, or 
duties, on all goods and merchandize of foreign growth or manufacture im- 
ported into any part of the United States ; by stamps on paper, vellum, or 
parchment, and by a postage on all letters and packages passing through the 
general post office, to be applied to such federal purposes as they shall deem 
proper and expedient; to make rules and regulations for the collection thereof; 
and the same, from time to time, to alter and amend in such manner as they 
shall think proper. To pass acts for the regulation of trade and commerce, as 
well with foreign nations as with each other; provided that all punishments) 
fines, forfeitures and penalties to be incurred for contravening such rules and 
regulations, shall be adjudged by the common law judiciary of the States in 
which any offence contrary to the true meaning of such rules, shall be com- 
mitted or perpetrated, with liberty of commencing, in the first instance, all suits 
or prosecutions for that purpose in the superior common law judiciary of such 
States, subject, nevertheless, to an appeal, for the correction of all errors, both 
in law and in fact, in rendering judgment, to the judiciary of the United States- 
3d. That whenever requisitions shall be necessary, instead of the present rule' 
the United States, in Congress, be authorized to make such requisitions, in pro- 
portion to the whole number of white or other free citizens or inhabitants, of 
every age, sex and condition, including those bound to servitude for a number of 
years, and three-fifths of all other persons not comprehended in the foregoing 
description, except Indians, not paying taxes; that if such requisitions be not 
complied with in the time to be specified therein, to direct the collection thereof 
in the non-complying States; and for that purpose to devise and pass acts 
directing and authorizing the same ; provided that none of the powers hereby 

vested in Congress shall be exercised without the consent of at least ■ 

States, and in that proportion, if the confederated States should be hereafter 



486 THE FEDERAL GOVERNMENT. 

the old form of government was not susceptible of such alteration 
and amendment as would render it sufficient for the purposes 
designed. But the new plan was so framed as to preserve in a de- 
gree the feature had in view by the representatives of New Jersey. 

increased or diminished. 4th. That the United States, in Congress, be authorized 

to elect a federal executive, to consist of persons — to continue in office for 

the term of years — to receive punctually, at stated times, a fixed compen- 
sation for the services by them rendered, in which no increase or diminution 
shall be made, so as to affect the person holding the executive office at the time 
such alteration is made, to be paid out of the federal treasury — to be incapable 
of holding any other office or appointment during their term of service, and 
for years thereafter; to be ineligible a second time, and removable on im- 
peachment and conviction for malpractices, or neglect of duty, by Congress, on 
application by a majority of the executives of the several States; that the ex- 
ecutive, besides a general authority to execute the federal acts, ought to appoint 
all federal officers not otherwise provided for, and to direct all military opera- 
tions; provided that none of the persons composing the federal executive, shall, 
on occasion, take command of any troops, so as personally to conduct any 
military enterprise, as general, or in any other capacity. 5th. That the federal 
judiciary be established to consist of a supreme tribunal, the judges of which to be 
appointed by the executive, and to hold their office during good behaviour — to 
receive punctually, at stated times, a fixed compensation for their services, in 
which no increase or diminution shall be made, so as to affect the persons in 
office at the time of such change; that the judiciary so established, shall have 
power to hear and determine, in the first instance, on all impeachments of 
federal officers, and by way of appeal, in the dernier resort, in all cases touch- 
ing the rights and privileges of ambassadors — in all cases of captures from an 
enemy — in all cases of piracies and felonies on the high seas — in all cases in 
which foreigners may be interested in the construction of treaties, or which 
may arise on any act or ordinance of Congress for the regulation of trade, or 
the collection of the federal revenue; that none of the judiciary officers shall 
be capable, during the time they remain in office, of receiving or holding any 
'other office or appointment during their term of service, or for years there- 
after. 6th. That the legislative, executive, and judiciary powers within the several 
States, ought to be bound by oath to support the articles of union. 7th. That all 
acts of the United States, in Congress assembled, made by virtue and in pursu- 
ance of the powers hereby vested in them, and by the articles of confederation, and 
all treaties made and ratified under the authority of the United States, shall be 
the supreme law of the respective States, as far as those acts and treaties shall 
relate to the said States or their citizens — and that the judiciaries of the several 
States shall be bound thereby in their decisions, anything in the respective laws 
of the individual States to the contrary notwithstanding ; and if any State, or 



THE FEDERAL GOVERNMENT. 



487 



The o-overnment was constituted so as to be partly federal and 
partly national; it was not to be composed of a mere aggregation 
of separate parts, but these parts at certain points were fused into 
one body ; yet except at these points distinctness was preserved. 
A positive rule was established which was to operate upon all, 
and which within its sphere of operation was wholly to supersede 
the discretion or will of the States ; yet beyond this sphere, the 
integrity and authority of the States were maintained. By this 
means a government was formed which whilst it pervaded the 
whole Union with such force as to ensure successful action, left all 
that was local in character to be controlled by the local authorities. 
The instrument being completed, it was signed in September, 
1787, by the members of the Convention, and submitted for ap- 
proval and adoption. 19 The Convention resolved that the Con- 
stitution should be laid before the United States in Congress 
assembled, and that in the opinion of the Convention it should 
afterwards be submitted to a Convention of delegates chosen in 
each State by the people thereof, under a recommendation of its 
legislature, for their assent and ratification. It was also resolved, 
that in the opinion of the Convention, as soon as nine States shall 
have ratified the Constitution, the United States in Congress as- 



any body of men in any State, shall oppose or prevent the carrying into execu- 
tion such acts or treaties, the federal executive shall be authorized to call forth 
the powers of the confederated States, or so much thereof as be necessary to 
enforce and compel obedience to such acts, or an observance of such treaties. 
8th. That provision ought to be made for the admission of new States into the 
Union. 9th. That provision ought to be made for hearing and deciding all disputes 
arising between the United States and an individual State, respecting territory. 
10th. That the rule for naturalization ought to be the same in every State. 
11th. That a citizen of one State, committing an offence in another State, shall 
be deemed guilty of the same offence as if it had been committed by a citizen 
of the State in which the offence was committed." 

•9 Thirty-nine of the fifty-five members who attended the Convention, signed 
the Constitution. Of the remaining sixteen, some were in favor of it, but 
were obliged to leave the Convention before the instrument was ready for sign- 
ing. It was signed by all the members from New Jersey, except Abraham 
Clark. The list of names, however, varies in different places. In that given 
in the report of the delegates to the Legislature, besides the one just mentioned, 
the name of William C. Houston is also omitted. 



488 THE FEDERAL GOVERNMENT. 

sembled should take measures for the election of a President, and 
appoint the time and place for commencing proceedings under the 
new Constitution. 

In accordance with the resolution of the Convention, the Con- 
stitution was laid before Congress, and that body unanimously- 
agreed that the instrument should be transmitted to the several 
States for their action thereon. On the 26th of October, 1787, 
the delegates to the Convention from New Jersey reported the 
proceedings of the body to the legislature, with a copy of the 
Constitution and the accompanying resolutions. On the 27th the 
legislature resolved, that it should be recommended to such of the 
inhabitants of the State as were entitled to vote for Representatives 
in the General Assembly, to meet in their respective counties at 
the places fixed by law for holding elections, on the fourth Tuesday 
in November next ensuing, to choose three persons to serve as 
delegates from each county in a State Convention ; that the dele- 
gates so chosen should meet in Convention on the second Tuesday 
in December, to consider and decide upon the Constitution, and 
that the Sheriffs of the respective counties should give timely 
notice to the people, of the time, place, and purpose of holding the 
elections. These resolutions were embodied in an act authorizing 
the people of the State to meet and act in Convention, which act 
was passed on the 30th of October. 20 In pursuance of these pro- 
visions, elections were held in each of the counties, and the dele- 
gates chosen met in Convention at the time and place appointed, 
and on the 18th of December, 1787, the Constitution was unani- 
mously accepted and ratified. 21 New Jersey was the third State 

20 Votes, vol. 7, p. 25. 

21 John Stevens was chosen President of the Convention, and Samuel W. 
Stockton, Secretary. It was agreed that the Constitution should he read and 
considered by sections ; but scarcely any debate took place, and no amendment 
was proposed. The whole having been read, the general question was taken, 
" whether this Convention, in the name and in behalf of the people of this 
State, do ratify and confirm the said Constitution?" it was determined in the 
affirmative unanimously. The Convention also resolved that "it is the opinion 
of this Convention that the State of New Jersey should offer a cession to Con- 
gress of a district not exceeding ten miles square, for the seat of government of 
the United States, over which they may exercise exclusive jurisdiction." 

Minutes of Convention. 



THE FEDERAL GOVERNMENT. 489 

to adopt the Constitution, being only preceded by Delaware and 
Pennsylvania. 

The proceedings of the State Convention were communicated 
to the legislature at a special meeting, on the 28th of August, 1788, 
by a letter from the Secretary of the Convention, with a copy of 
the minutes. A communication on the subject was also received 
from the Governor. His Excellency said, " I most heartily con- 
gratulate you on the adoption of the Constitution proposed for the 
government of the United States, by the Federal Convention, and 
it gives me inexpressible pleasure that New Jersey has the honor 
of so early and so unanimously agreeing to that form of National 
Government which has since been so generally applauded and ap- 
proved of by the other States. We are now arrived to that 
auspicious period which, I confess, I have often wished that it 
might please Heaven to protract my life to see. Thanks to God 
that I have lived to see it." 

According to the Constitution, the National Legislature was to 
consist of Senators and Representatives. Two Senators were to 
be chosen in each State by the legislature thereof for six years. 22 
The Representatives in each State were to be chosen by the peo- 
ple, the number to be in proportion to the population, but until an 
enumeration should be made, and the respective numbers thus 
determined, a specific apportionment was made. New Jersey was 
to have four. Electors of President were to be appointed in such 
manner as the legislature should direct, and to be equal in number 
to the whole of the Senators and Representatives. 

The ratification of the Constitution by the necessary number of 
States having been communicated to Congress, an act was passed 
on the 13th of September, 1788, for carrying the system into effect ; 
by this act the Electors of President were to be appointed on the 
first Wednesday in January, 1789, and to give their votes on the 
first Wednesday of the succeeding February, and the legislative 
bodies were to meet at New York on the first Wednesday in 
March, 1789. The several measures contemplated, were taken in 



22 Upon their meeting, the Senators were to be classified — the seats of the first 
class to be vacated in two years, the second in four years, and the third in six 
years. 

62 



490 THE FEDERAL G0VER.VME5T. 

New Jersey. On the 25th of November, 1769. William Paterson 
and Jonathan Elmer were chosen by the legislature in joint meet- 
ing, to represent and vote on behalf of the State in the Senate of 
the United States, and Representatives in Congress, and Electors of 
President were chosen according to the provisions made in the 
case."' 

At the time appointed, Senators and Representatives appeared 
from eleven of the States, but a quorum of both houses did not 
attend until the 6th of April. Upon counting the Electoral votes, 
it appeared that George Washington was unanimously chosen 
President, and that John Adams was elected Vice President. 
Upon being informed of his election, the President immediately 
repaired to the seat of government and entered upon the duties of 
his elevated office. Soon after their meeting, the legislature of 
New Jersey prepared an address to the President, congratulating 
him upon his appointment, and assuring him of their willingness to 
support him in the due execution of the laws, and in the preserva- 
tion of public tranquillity. 

Among other important matters, the subject of amendments to 
the Constitution was brought before Congress at their first sitting 
by petitions from Virginia and New York, asking that another 
Convention might be held for a fuller consideration of several par- 
ticulars, and for preparing amendments. The Slates just men- 
tioned were opposed to the Constitution without some alteration. 
But according to previous agreement, the instrument had already 
come into force, and Congress had no authority to call another 
Convention : but amendments might be made and proposed to the 
States for their adoption. This was now done. After full con- 
sideration and discussion, twelve articles were agreed to by Con- 
gress as amendments. These articles were brought before the 
legislature of New Jersev bv a message from the Governor, on 



53 At the same time that the Senators were appointed, Abraham Clark. Jona- 
than Elmer, and Jonathan Dayton were appointed Representatives in Congress, 
to serve until the 4th of March ensuing, (at which time the new ggvernment 
was to go into effect.) unless others should be appointed in the mean time. On 
the 23th. an act was passed providing for the election of Representatives in 
Congress by the people. 



THE FEDERAL GOVERNMENT. 491 

the 29th of October, 1789, and the subject was acted upon by- 
agreeing to all the articles except the second. 24 

During its session the Congress agreed upon measures for the 
establishment of a revenue to support the government and dis- 
charge the public debts ; duties were laid for these purposes upon 
imports, and on the tonnage of vessels. The several departments 
of government were arranged and established, a national judiciary 
was erected, and the salaries of the several officers of government 
determined. The houses adjourned on the 29th of September, to 
meat on the 6th of January, 1790. A most important as well as 
difficult subject of consideration of the second session, was that 
relating to the public debt, and especially as to the assumption of 
the debts of the States incurred in the prosecution of the war. 
After animated debate, a law was passed on the 4th of August 
making provision for the debt of the United States, by which act 
a specific amount (twenty-one millions,) of State debts was as- 
sumed. This sum was apportioned among the States with regard 
to the amount of the debts of each. Eight hundred thousand 
dollars was apportioned to New Jersey. 25 The sum thus assumed 
was to be loaned to the United States at determined rates of in- 
terest by individuals holding certain evidences of States debts. 

During the session of the legislature of New Jersey in 1790, 
further enactments were made in order to complete and perpetuate 
the relations between the State and the Federal Union. On the 

2 -i Ten of the articles submitted to the States were confirmed by two-thirds of 
the States, as required by the Constitution. The first and second articles, 
which related to the number of the House of Representatives, and to the com- 
pensation of the members of the houses, were rejected. Another amendment 
of the Constitution, relating to the manner of electing the President and Vice 
President, which was recommended by Congress to the States, was ratified in 
New Jersey, by an act of the 27th of February, 1804. 

-^By message from the Governor, on the 25th of November, 1791, it ap- 
peared that the commissioner of taxes for New Jersey had completed his esti- 
mate of the debt of the State, subscribed to the loan proposed by the United 
States, and that it then did not quite amount to six hundred thousand dollars, 
but as it was supposed that many persons had been prevented from coming in to 
subscribe, a resolution was adopted by the Legislature, that an application 
should be made to Congress for an extension of the time prescribed for the sub- 
scription. 



492 THE FEDERAL GOVERNMENT. 

12th of November an act was passed directing particularly the 
manner of appointing Senators, and Electors of President and Vice 
President. • An additional enactment was also made regulating 
the mode of electing Representatives in Congress. 

The place for the permanent establishment of the government 
was also selected ; by act of the 25th of November, it was pro- 
vided that Trenton, in the county of Hunterdon, should henceforth 
be considered as the seat of the government of the Slate. At this 
period a change took place in the administration of government. 
Governor Livingston had remained in office from the time of the 
first establishment of the government; he had continued steadily 
at his post during the difficult and perilous season of the war; he 
had assisted in framing the general government, and used his in- 
fluence in favor of its adoption, and at length, as the fulfilment of 
his hopes, and the reward of his services, witnessed the complete 
establishment of the independence, and the Union of the States. 
He died on the 25th of July, 1790. He was succeeded by William 
Paterson, who was elected on the 29th of October, and who con- 
tinued in office until March, 1793, when he resigned in conse- 
quence of his appointment to the place of Associate Judge of the 
Supreme Court of the United Stales. He was succeeded by 
Richard Howell. 

The civil and political history of the State of New Jersey, 
though merged from this period to a greater degree than before 
in that of the United States, is still of interest and importance. 
Yet the merest summary only can here be given. 27 

Governor Howell continued in service until October, 1801, 
when Joseph Hloomfield was appointed-, who then served but for 
a single term. In 1802, there being no choice of Governor, John 
Lambert, the Vice President of Council, performed the duties of 
the office for that year, but, in the following year, 1803, Governor 
Bloomfield was re-elected, and remained in office until 1812. He 

26 See Paterson's Laws, p. 102. In December, 1807, an act was passed pro- 
viding for the choice of Electors of President and Vice President, by popular 
election, and also further providing for the election of Representatives in Congress. 

27 The limits allotted for the present work being already much exceeded, the 
author is compelled to refrain from all details, and give only a few of the lead- 
ing occurrences of the remaining period. 



NEW STATE COXSTITOTIOX FORMED. 

was then succeeded by **o» Ogden, wl,o in the following yeir 
„, VP place „, William S. Pernio,, GWM Pennington wa.s 
followed in 18,5 by Mahlon Dicker.cn. and the latter » »« 
succeeded in 1817 by Isaac H. Williamson. (torn. -WOta- 
sun remained in office until 1829, when Garret D. Wui-s ap- 
pointed ; but he declining to serve, a new elec.mn took place a 
few days afterwards, and Peter D. Vroom was chosen By a 
„,,a. Selection, Governor Vroom was continued ,» the place »„ul 
,832, and was then followed by Samuel L. ^•*J B _"* 
ruarv, Governor Southard being chosen to the Untied States 
Senate; on the 27th Elias P. Seely was elected Governor j but ,n 
,l,e following year Governor Vroom was again chosen and re- 
i, in office unt.1 1836, when he was succeeded by Phtlemon 
D kerson. The next year William Pennington was chosen, and 
"Is continued in office un.,1 1*43, and was then followed by 

D t; l th H e a clo;; of the Revolutionary war, there were thirteen 
counties in New Jersey.* The subsequent advance n, population 
!!d business, rendered it necessary to establish new divisions; and 
and business, ren Warren was 

six other counties have been added. 1 he county 

erected in 1824, Passaick and Atlantic in 1837, Mercer . 1838 
Hud on in 1840, and Camden in 1844. All these were clothed 
" once with the same privtleges aud powers that were possessed 

hv the older counties. .... i 

T| e "ovemment of the Slate, although established m haste and 
„ a period but little favorable to deliberation and care, was found 
^suited to the wishes and wants of the people .hat no earnest 
exertions were made for any alleralton. So early as 790, indeed, 
a ^position was considered in the legislature to --■<£. 
ven.ion for .he purpose of revising .be Consu.uuon, and at subse 
one "periods similar mo,emen.s were made. But these measures 
Te „ pursued a. .he time, and a decided manifestaUon nf sen- 
rent did not occur until the year 1843. At.ha.tinie meetmgs .„. 
„e,d in various places within the State to cons,, ler th ubj c 
and to make a proper expression of opinion in relation lo ,. , and 

-Bergen, Essex, Middlesex, Monmouth, Somerset, Burlington, G.ouees.er, 
Salem, Cape May, Hunterdon, Morris, Cumberland and Sussex. 



494 NEW STATE CONSTITUTION FORMED. 

■with similar objects, publications were put forth and circulated 
among the people. The mark of colonial dependence which was 
yet retained in the provision for a return to a connexion with 
Great Britain, although it could now have no possible practical 
bearing, and therefore could hardly be- made a matter of serious 
objection, was yet offensive to the feelings, and thus probably 
gave strength to the desire for a revision or complete abrogation 
of the existing instrument. But the undue amount of authority 
given to the legislature ; the improper union of powers in the per- 
son of the executive; the imperfect organization of the judiciary, 
and the restrictions upon the electors, and the elected, in the pro- 
perty qualifications required of them, were especially objected to, 
and urged as reasons for a change. Some of these objections in- 
deed, were somewhat more formidable in appearance than in fact, 
and others had been removed in part by legislative provision. 
But it was urged that defects should be removed if practicable, 
even if not productive of serious injury ; and the relief that was 
obtained by legislative interference, whilst it was readily accepted, 
Avas yet considered as strengthening the objections against the in- 
strument itself. If the provisions of the Constitution, it was said, 
were such that it had become necessary to violate them, it was 
full time that an alteration should be made. At the session of the 
legislature commencing in October, 1843, numerous petitions were 
presented asking that an enactment might be made to call a Con- 
vention of the people to revise and alter the Constitution. By a 
number of persons the idea was held, that the object proposed 
might be fully and properly attained by the immediate action of 
the legislative bodies ; whilst others were of opinion that the ques- 
tion as to calling a Convention of the people should first be sub- 
mitted to a popular vote. The subject was adverted to by Gover- 
nor Haines, (who had been elected to office soon after the meeting 
of the legislature,) in a message of the 10th of January, 1844. 
He said, "you will allow me to remind you that the formation or 
alteration of the fundamental law of a State, is the province of the 
people in their highest sovereign capacity, and not the duty of the 
legislature, who are delegated to act in obedience to that funda- 
mental law. The same voice that asks a change of the Constitu- 
tion, asks that change through the medium of a Convention ; and 



NEW STATE CONSTITUTION FORMED. 495 

instructs us to fix by law, the time, place, and manner of forming 
it. A law, therefore, calling a Convention of a suitable number 
of delegates, at as short a time and little expense as the importance 
of the measure will justify, I believe to be both proper and neces- 
sary. If the will of the people has been misunderstood, they can 
so express it by instructions to their delegates. I commend the sub- 
ject to your early consideration and prompt and efficient action." 

The matter was held under consideration by the legislature 
until the 23d of February, 1844, when a bill was passed by the 
Assembly entitled "An act to provide for the calling of a Conven- 
tion to frame a Constitution of the State, to be submitted to the 
people thereof for ratification or rejection." 29 

The law provided that an election for delegates to meet in Con- 
vention should be held in the counties on the 18th of March ; the 
number chosen to be equal to the number of members of the 
General Assembly, and they were to meet on the 14th of May 
next ensuing. The instrument formed in Convention was to be 
submitted to the people for their final decision on the 2d Tuesday 
in August. Before the close of the session, the members of the 
legislative bodies, acting extra officially, (together with other indi- 
viduals of influence in the State,) came to a resolution recommend- 
ing to the people of the counties to hold preparatory meetings, 
and to nominate by common agreement and assent, persons from 
the different political parties, as delegates to the Convention ; and 
an arrangement was proposed which would secure the election of 
an equal number from each of the parties. The recommendation 
thus made, proceeded from an elevated sense of public duty, and 
a willingness to forego all considerations arising from the interests 
or views of party, in order to secure harmonious action in an 
effort for the general good. This measure, so honorable to the 
actors, and to the State, was acceded to (with a single exception) 
and carried out by the people. The delegates were selected and 
chosen in the manner proposed, and the Convention met accord- 
ing to appointment on the 14th of May, 1844. Fifty-eight mem- 
bers were in attendance. 



^The bill passed, had come from the Council, and had been amended by the 
House, and the amendments were afterwards agreed to by the Council. 



496 NEW STATE CONSTITUTION FORMED. 

On entering upon the business of the Convention, some differ- 
ence of opinion was found to exist in regard to the particular 
mode of procedure. Some of the members were disposed to limit 
their action to an amendment of the existing Constitution, making 
only such changes therein, as public opinion appeared to demand, 
or full examination might suggest; but others were inclined to a 
consideration of general principles, and the creation of distinct 
departments of government, with but little reference to any exist- 
ing provisions. The latter mode was finally adopted. Hence a 
new instrument was formed. In this plan, the operation of govern- 
ment was more closely restricted by a fuller declaration of the 
rights and privileges that were retained by the people. 30 A par- 
ticipation in civil and political privileges was secured to a larger 
number, by a guaranty under constitutional provision of the right 
of suffrage to those who had formerly only enjoyed it by legisla- 
tive enactment. The different departments of government were 
entirely separated. The legislative department was made to con- 
sist as before, of two bodies, their numbers to continue the same 
until the next census should be taken ; but the Council to take the 
name of Senate, and the members to be elected for three years. 
The property qualification of the members of the legislative houses 
required by the former Constitution, was wholly removed. The 
executive authority was vested in a Governor, to be elected by the 
people of the State, and to hold office for three years. He was to 
perform no legislative duties, but to have a qualified veto power 
upon the action of the legislative bodies. Except as a single mem- 
ber of a body with powers of a mixed character, no judicial 
authority was allowed to the Executive. The judicial department 
was fully established, both in respect to the character and number 
of courts, and the appointment and duties of officers. A Court of 
Errors and Appeals in the last resort, was provided for ; a Court 
of Impeachment; a Court of Chancery: a Prerogative Court; a 
Supreme Court; Circuit Courts, and such inferior courts as were 
existing at the time. All these were to be permanent, except the 



30 The enumeration of rights and privileges was made in nineteen articles, 
embracing a sufficient scope to give ample security to the liberties of the 
citizens. 






NEW STATE CONSTITUTION FORMED. 497 

last, which might be changed or abolished at the discretion of the 
legislature. 31 

In the scope of authority given to the government, in the mode 
of appointing officers, and in the distribution of powers, as well as 
in several minor particulars, the Constitution now framed was so 
different from the former, that it may truly be considered as a new 
organization. The entire amount of power possessed by the go- 
vernment, was lessened, and the relative condition and strength of 
the parts were greatly changed. The legislature had formerly 
been able to exercise the principal control ; it had been the imme- 
diate source of authority to the other departments, but now, the 
Executive was wholly independent of the legislature, in origin, 
and the judiciary branch was only dependent in part. 

In accordance with the law, the Constitution was submitted to 
the people on the second Tuesday in August for their adoption or 
rejection. It was found to be generally approved, being adopted 
by a very decided vote. 32 It thus became the fundamental law of 



31 The Court of Errors and Appeals which formerly was composed of the 
Governor and Council, was now to consist of the Chancellor, the Justices of 
the Supreme Court, and six Judges, which Judges were to be appointed for six 
years. This Court was thus made higher, by the judicial character of the 
members, and more permanent from the extension of the term of office. The 
powers belonging to the " Court of Pardons," which had been exercised by the 
Governor and Council, were vested in the Governor, the Chancellor, and the 
six Judges of the Court of Errors and Appeals, or a major part of them. This 
body might remit fines and forfeitures, and grant pardons after conviction, in all 
cases except impeachment. The duties of Chancellor and Ordinary, formerly 
performed by the Governor, were now assigned to a separate officer. A change 
was also made in the mode of appointing ju Hcial ocffiers. Under the former 
Constitution, all these appointments were made by the legislative bodies in 
joint meeting. Now the Justices of the Supreme Court, the Chancellor, and the 
Judges of the Court of Errors and Appeals, were to be nominated by the Go- 
vernor, and appointed by him, with the advice and consent of the Senate — 
Justices of the Supreme Court and the Chancellor to hold their offices for 
seven years — Judges of the Courts of Common Pleas to be appointed by 
the Senate and General Assembly in joint meeting, and commissioned by the 
Governor — Justices of the Peace to be elected by the people. 

"The whole number of votes was 23,871. Of these, 20,276 were for the 
Constitution, and 69 ballots were rejected. Majority, 16,750. 
63 



498 NEW STATE CONSTITUTION FORMED 

the State, and so far as any may judge, its operation can hardly 
fail to be favorable to the best interests of the people. Being en- 
tered upon under the influence of the most liberal views, and exe- 
cuted by a body of men distinguished for intelligence, the work 
exhibits a full acquaintance with the advances that have been 
made in political science, and yet is entirely free from the ex- 
tremes which are sometimes produced by the bias of party, or an 
excessive zeal for reform. The framers were not so much desirous 
that the plan should excite admiration for its boldness or novelty, as 
that it should meet commendation for its usefulness, and its adapta- 
tion to the interests and the wants of the people. 

In pursuance of the provisions agreed upon, an election was 
held for Governor and other officers in October, 1844. The Hon. 
Charles C. Stratton was then elected Governor ; he continued in 
office until 1847, when Governor Haines, who had been the last 
in office under the old Constitution, was elected under the new. 
He is the present incumbent. 

New Jersey has reason for grateful exultation. Her past 
history is without a stain, and her present and prospective condi- 
tion is almost all that any can desire. From the character of her 
institutions and her other advantages, the people have come to be 
possessed of the means of prosperity and happiness, to as full an 
extent as they are held in any community, either in our own 
country, or in the world. 



APPENDIX. 



NOTE A, PAGE 390. 

Records not in possession of the author at the time the subject 
was adverted to in the work, have since been examined, which 
show, that the movement in New Jersey, in support of the people 
of Boston, was very general, and in many instances of a formal 
character. In the county of Gloucester, committees were ap- 
pointed in each of the townships, to receive donations " for the 
relief of our suffering brethren in Boston," and a general treasurer 
(Joseph Ellis,) was appointed, who was authorized to procure a 
place to store the provisions that should be furnished ; and the sum 
of five hundred and thirty-four dollars in money, was at one time 
ordered to be paid on account of subscriptions. 

Communication in Woodbury" Constitution, by Dr. Fithian. 

NOTE B, PAGE 402. 

From the source indicated in the foregoing note, the following 
extracts have also been obtained, which exhibit in detail the action 
of the people in the appointment of delegates to the first Provincial 
Congress: 

" At a meeting of the majority of the Committeeof Correspondence 
for the county of Gloucester, on the 5th day of May, 1775 — present, 
Samuel Harrison, Chairman; John Hinchman, John Cooper, John 
Sparks, Joseph Ellis, Joseph Low, Isaac Mickle, Joseph Hugg. 

" In consequence of intelligence received from the Committee of 
Correspondence from New Brunswick, and at their request, the 
committee above named have taken the same into consideration, 
and do unanimously agree and think it our indispensable thrty in 
this alarming crisis, forthwith to request a meeting of the inhabi- 
tants of this county, for the purpose of choosing members to meet 
at the Provisional Congress, at Trenton, on the 23d day of this 
instant, May. 

"Ordered, That the Clerk get a number of notices immediately 
printed, and disperse them throughout the county — that a person 
be sent express to Eggharbour with part thereof, and alarm the 
inhabitants of the consequence thereof, and the necessity of a 
meeting. By order of Committee. 

JOS. HUGG, Com. Clerk." 



500 APPENDIX. 

" Committee met pursuant to adjournment, on the 10th inst., at 
the house of William Hugg — present, Samuel Harrison, John 
Cooper, Joseph Ellis, John Sparks, Isaac Mickle, Doc. Vanleer, 
Joseph Cooper, Peter Cheesman, Joseph Hugg. 

" In Committee, Ordered, That every member of this committee 
meet at the house of William Hugg, on the 13th instant, by 10 
o'clock A. M., and that notice issue for that purpose — to which 
time this Committee is adjourned. By order of Committee. 

JOS. HUGO, Clerk." 



" At a meeting of a very respectable number of the inhabitants 
of this county, on the 18th day of May, Anno Domini 1775, pur- 
suant to a notice from the Committee of Correspondence, for that 
purpose : 

" At said meeting the inhabitants taking into consideration the 
intelligence communicated from the Committee of Correspondence 
of New Brunswick, do unanimously 

" Resolve, That it is highly necessary that there should be a 
Provincial Congress held at the time and place appointed by the 
said Committee ; and do unanimously 

" Resolve and agree, that seven persons be chosen for said ser- 
vice, to* represent this county. 

"And accordingly Robert Friend Price, John Hinchman, Elijah 
Clark, Esqrs., and Messrs. John Cooper, Joseph Ellis, John Sparks, 
and Joseph Hugg were unanimously chosen, to continue for twelve 
months, and any three or more attending said meeting, to be a 
sufficient representation. 

" Ordered, That the members attending from this county, do 
use their endeavors when met in Congress, to confirm and re- 
appoint the delegates appointed by the General Assembly of this 
Province. 

" Ordered, That the instructions drawn by Mr. Cooper, for said 
Provincial Congress, be taken by the members of this county, to 
said Congress, for their own guide — but not to be published. 

" On the question being put, whether the Committee of Obser- 
vation be authorized to carry into execution the resolves of the 
Provincial Congress, and to perform such services as the emer- 
gency of the case may require, it was resolved nem. con. By 
order of the county. JOS. HUGG, Clerk. 



M0M99ACAQ 



THE CHEAP BOOK STORE! 



- & -^Jfc SS -jfc (r I 



CHEAP BOOKSELLERS & STATIONERS, 

Northwest Corner of Fourth and Arch Streets, 

PHILADELPHIA. 



Keep constantly on hand a large and well selected 

STOCK OF 

STANDARD MISCELLANEOUS BOOKS, 

ANCIENT AND MODERN. 



AND 



% 



Books suitable for Sunday Schools, and Juvenile 
Books in great variety. 



Cap and Letter Papers, Blank Boohs, Steel 
Pens, %c, at very low prices. 

XT' Orders from all parts of the country, forwarded as above,, 
will meet with prompt attention and despatch, and will be furnished 

at the VERY LOWEST PRICES. 

DEALERS IN NEW AND SECOND-HAND BOOKS. 






S '' t 1 1 s s A G 






A GV ^ ACF . * .«* 

G ' "^ f° ^ 



^g* 



^.o^ 



- v^ 



A G ^ ' -^ <^ * i . , s s ^ G * , *<S 

V i 



^0* 

*5 Oft 



*^c£ ^$ ^0* *J 

Q 







% 









a g ^ A G <r A° <* 

%> ^ % G °\ ^ 

*M ^o* \o^ :, 




/ «4 / '- -6,'" 

\ J> % A* '% <# - 1 







/ 



5i5 ^. 



> 



^ 9 

> J.V- *" 



^0^ 



/ 



i*<3* 



'r. V /^. V -%, \> , 






c> 









SJ> 



■J" * - .<?' 










v % \> v •%. 



4& 



^>" ^. ' * -0-'" 












^ 



•^ 



- .*v 



^ c - 









/!• 



<& 9ft 






cS> «* 



b ^ 







v Vt» ,-0- a i * 



\. ^ 



^0* 






^ V 



cPV 







LIBRARY OF CONGRESS 

■■■■■I 






